Foundation Of Justic

RUNNING HEAD: WHAT IS JUSTICE

Foundation of Justice

Tboy

[Name of the Institution]

Foundation of Justice

What is justice according to theory?

In common terms, justice is often equated with ‘equal treatment’ or ‘fairness’. However, justice is a concept that is far vast and complex, and a number of theories of justice have been proposed by philosophers, in which a few prominent ones will be discussed.

According to the Greek philosopher Plato, the purpose of justice is to establish a rational order. It is a virtue that involves each part to perform its appropriate role without interfering or obstructing the functioning of the other part CITATION Ger10 \l 1033 (Santas, 2010). Simply, justice was seen as not meddling in something that was not your own. Thus, each person performs the tasks assigned to him for his role in a just society. The Platonic view of inspired later-day theologians and philosophers such as Aquinas and Augustine to develop their own theories. Aquinas saw justice to be a rational mean that exists between two polar opposite forms of injustice, or between excess and deficiency, and involves external actions, reciprocal transactions and proportional distributions CITATION Tho11 \l 1033 (Bushlack, 2011). For him, it is a moral habit that leads man to give to everyone their due and signifies virtuosity.

In the early modern era, John Stuart Mill proposed the utilitarian concept of justice in which justice came to be seen as a subset of ethics and morality. Violating the rights of an individual was injustice for Mill, who suggested that justice is not merely something which is wrong not to do and right to do, but something upon which a person can claim his moral right CITATION Fre12 \l 1033 (Wilson, 2012). The contemporary philosopher Rawls disagreed and saw justice to be a form of social contract in which the principles that would govern a society are chosen by its people CITATION Joh091 \l 1033 (Rawls, 2009). For Rawls, justice refers to a social institution’s virtue just as how truth is seen as a virtue of thought.

Reflection

In my view, disagreement over what is just or fair is a result of the differences between human cultures and times. We all may think that we understand what justice is or how it looks like but still, perceive it differently. For instance, our sense of justice commonly agrees that a person who commits murder should be punished; however, whether true justice would be served by executing the murderer or imprisoning him comes from our differing perceptions of what it is. Therefore an appreciation of the various schools of thought around the world that discuss justice and what it entails is necessary. Personally, I see justice to be a commitment, a gift and a call towards morality. It is giving to the other what is their due, and to work for justice requires that we understand the reality of those in poor situations, and see it as a responsibility to enable everyone to live a life of dignity, without being oppressed.

I believe my view of justice closely resonates with the theories of justice presented by Aquinas. Aquinas had talked about serving the common good of the community and saw treating individuals in specific ways to be part of ‘particular justice’ CITATION Tho11 \l 1033 (Bushlack, 2011). It has to do with our external actions and exists between two the two extremes, at a point, he called the ‘rational mean'. This theory of justice sees robbery to be injustice because it violates the natural right to property, however, if a thief stole out of starvation, stealing may not be injustice and therefore not punishable.

Bibliography

BIBLIOGRAPHY Bushlack, T. J., 2011. Justice in the Theology of Thomas Aquinas: Rediscovering Civic Virtue, Notre Dame, Indiana: Hesburgh Libraries of Notre Dame.

Rawls, J., 2009. A Theory of Justice. Revised ed. Cambridge, MA: Belknap Press.

Santas, G. X., 2010. Understanding Plato's Republic. Malden, MA: Wiley-Blackwell.

Wilson, F., 2012. John Stuart Mill on Justice. In: Mill on Justice: Philosophers in Depth. London: Palgrave Macmillan, pp. 90-115.

Free Will V. Determinism

Free Will v. Determinism

[Name]

[Institute]

Author Note

Free Will v. Determinism

Question 1

Can we really determine why an individual may be predisposed to commit a criminal act?

Entrapment, the inclination of an individual to engage in a particular illegal behavior is often cited as the reason why an individual was entrapped into committing a particular crime by an agent of the law. While this is often used as a defense for victimless crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HgQ9ng1E","properties":{"formattedCitation":"(Hill, McLeod, & Tanyi, 2018)","plainCitation":"(Hill, McLeod, & Tanyi, 2018)","noteIndex":0},"citationItems":[{"id":1099,"uris":["http://zotero.org/users/local/0omESN17/items/9M4U69RR"],"uri":["http://zotero.org/users/local/0omESN17/items/9M4U69RR"],"itemData":{"id":1099,"type":"article-journal","title":"The Concept of Entrapment","container-title":"Criminal Law and Philosophy","page":"539-554","volume":"12","issue":"4","author":[{"family":"Hill","given":"Daniel J."},{"family":"McLeod","given":"Stephen K."},{"family":"Tanyi","given":"Attila"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hill, McLeod, & Tanyi, 2018). The American criminal justice system was founded on the belief that every man is responsible for their conduct and should be held accountable for their actions on their own free will.

Thus, while the prosecutor can determine if the crime was committed by a certain individual or it wasn’t, they can even determine if the person guilty of committing the crime intended to what they did. This intent to commit a crime can be general or specific, based on the crime. However, they can, under no circumstances, determine why an individual may be predisposed to commit a criminal act. They may have a theory behind what predisposed them to commit the said crime, but they cannot know for a fact if that was the reason ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"USDAKv75","properties":{"formattedCitation":"(Hill et al., 2018)","plainCitation":"(Hill et al., 2018)","noteIndex":0},"citationItems":[{"id":1099,"uris":["http://zotero.org/users/local/0omESN17/items/9M4U69RR"],"uri":["http://zotero.org/users/local/0omESN17/items/9M4U69RR"],"itemData":{"id":1099,"type":"article-journal","title":"The Concept of Entrapment","container-title":"Criminal Law and Philosophy","page":"539-554","volume":"12","issue":"4","author":[{"family":"Hill","given":"Daniel J."},{"family":"McLeod","given":"Stephen K."},{"family":"Tanyi","given":"Attila"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hill et al., 2018).

Question 2

If some “force” beyond an individual’s control influenced them to commit a criminal act should we hold them criminally responsible?

According to the American criminal justice system, every man is responsible for their conduct and will be held accountable for their actions on their own free will. If a force beyond an individual’s control influences them to commit a crime, then we need to first determine what that force is in the first place. For instance, if an individual commits a crime on behalf of another individual, the state of mind of such individual must be assessed. Under the federal and state law in the country, if an individual need to be convicted of a crime, the prosecutor must prove that the defendant had a particular criminal intent. Unless an individual is clinically proven to be of such a mental state that he or she could not have intended to commit the crime by themselves, then they should not be held criminally responsible. However, if the one committing the crime is of sane mind, and knew what he or she was doing, then they should be held responsible for their actions ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Vh4W3jKP","properties":{"formattedCitation":"(Ward & Carter, 2019)","plainCitation":"(Ward & Carter, 2019)","noteIndex":0},"citationItems":[{"id":1098,"uris":["http://zotero.org/users/local/0omESN17/items/ZNAETZPS"],"uri":["http://zotero.org/users/local/0omESN17/items/ZNAETZPS"],"itemData":{"id":1098,"type":"article-journal","title":"The classification of offending and crime related problems: A functional perspective","container-title":"Psychology, Crime & Law","page":"542-560","volume":"25","issue":"6","author":[{"family":"Ward","given":"Tony"},{"family":"Carter","given":"Ethan"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ward & Carter, 2019).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Hill, D. J., McLeod, S. K., & Tanyi, A. (2018). The Concept of Entrapment. Criminal Law and Philosophy, 12(4), 539–554.

Ward, T., & Carter, E. (2019). The classification of offending and crime related problems: A functional perspective. Psychology, Crime & Law, 25(6), 542–560.

Gender LGBTQIA+



Gender LGBTQIA+

[Name of the Writer]

[Name of the Institution]

Gender LGBTQIA+

Introduction

Let us begin by shedding light on three things, what does LGBTQ stand for and who are included in the LGBTQ community and what is Gender Dysphoria? The term LGBTQ is inclusive of all the communities in between LGBTTTQQIAA. Each letter represents a community; Lesbian, Gay, Bisexual, Transgender, Transsexual, Two-Spirit, Queer, Questioning, Intersex, Asexual, Ally also inclusive of Pansexual, Agender, Gender Queer, Bigender, Gender Variant and Pangender. This small term represents a great amount of diversity. This term is used as it is deemed to be friendly and appropriate. There are more terms like the Rainbow community or the Queer community being used by people, but in the end, LGBTQ is the more universally known one. These terms and the initials constantly change. It is not necessary to memorize them all, but the goal is to have respect for every individual and the choices that they make for themselves. Then, coming to Gender Dysphoria, it is known as the condition in which an individual feels that they are either a male or female regardless of what sex they are biologically. It can be distressing when a person’s gender identity does not match the gender and sex that they were born with. It should also be kept in mind that not all transgender have gender dysphoria. Having gender dysphoria is not similar to being gay, bisexual or lesbian either, it is an entirely different thing. In this paper, the equality of LGBTQ community will be discussed with regards to gender dysphoria. Further, light will be shed on the fact that under which 14th amendment are there rights being violated. Lastly, it will be discussed that how treating the LGBTQ community with equality will bring a positive impact on society.

Discussion

It is unfortunate to say that people all over the world face violence and inequality based on who they choose to love, who they are and how they look. How can I say that? There is enough news on the television and bullying on social media to strengthen my point. An individual’s gender identity and sexual orientation are an essential and pivotal part of them. These aspects should not be used in order to discriminate or abuse one another. It is hard to digest the fact that people are murdered, tortured, arrested, discriminated, treated unequally, denied basic commodities of life or healthcare and what not just for being themselves. It is unfortunate that some people hide their identity and who they are just so they live up to the society standards. The LGBTQ community faces this issue on a constant regularly. I am not saying that there has not been any improvement, but when did wanting to be "Yourself," became something that needed to be given permission? There needs to be a consideration of the fact that a person is a person by every right and everyone is different. They have the right to live and do whatever they want as it is their birthright. When it comes to religion, let us not forget that God wanted everyone to be happy. The message is of peace, it is nowhere justified to bring harm to someone based on who they are.

There are certain things that people are not aware of when it comes to the LGBTQ community. They are similar to those people who have gender dysphoria. As mentioned above, gender dysphoria is when an individual’s gender identity is the opposite of their biological sex. When it comes to the people who are either gay or lesbian do not have an identity disorder. They either as a woman or man, have a liking for the same gender. A lesbian would never say that she feels like a man, hence she likes women. She is a woman and she is proud of that and admires other women instead of men. The same thing applies to men, they identify themselves as males and have a liking for the same gender. On the contrary, someone who has gender dysphoria will appear to be a woman but will feel out of place. They will have the mindset of a man and their sex will not match what they identify themselves as. Further, not all transgender has gender dysphoria. Having said that, transgender may identify themselves as straight, gay, lesbian or bisexual and so on. The world needs to educate themselves about these things. They need to stop stereotyping all these diverse people portraying different communities. Look at it this way, if a woman is identified as a man she will not like it. The same way if a bisexual is identified as someone who has an identity disorder is also not right. They are people with separate identities and they like everyone else need to be identified for what they are.

Fourteenth Amendment

The LGBTQ community faces inequality on a level that it is heart-wrenching. There are certain things that people lately do not realize, that what they go through is not legally allowed. The behavior that they are shown both by the community and law is not permissible as per the 14th amendment. The “Equal Protection Clause” is a clause which is in the text of the 14th Amendment of the United States. This clause officially was under effect by 1868. According to this clause “nor shall any State deny to any person within its jurisdiction the equal protection of laws.” One of the main motivation of this specific law was to authenticate the equality requirements present in the Civil Rights Act of 1866. In accordance with it, all the citizens have the right to be protected and will be given assured protection by the law. In accordance with this, all the people regardless of who they are and what beliefs they carry are to be protected. Protection regardless of sexual orientation came into light in 1986 in the Bowers v Hardwick case.

Supreme Court Cases

I will be discussing two supreme which are a decade apart in order to reflect on the LGBTQ rights. The Bowers v Hardwick case back in 1986 was deemed to be a challenge to the Georgia law approving criminal punishment for persons who were found to be guilty of sodomy. Even though the Georgia law is applied to both the homosexual and heterosexual sodomy, it was chosen by the Supreme Court to only put under consideration the constitutionality of applying the law to homosexual sodomy. In Bowers, the court decided to rule out five out of four that the Due Process Clause “right of privacy” which was also recognized in the cases like Griswold and Roe. It does not prevent the refrain the criminalization of homosexual conduct that is being practiced by two adults with consent. Later, Justice Powell said that his vote in the case was indeed a mistake.

In 2003 Supreme Court measured a challenge to a Texas law that outlawed homosexual sodomy, however, the heterosexual sodomy was not outlawed. The case, Lawrence v Texas, elevated practical due process as well as equal protection issues. Voting five to four, the Court overruled the decision that it made earlier in Bowers v Hardwick and established that the state was deficient of a valid interest in regulating private sexual conduct of adults that are consenting. Further, Justice O'Connor added a sixth vote to upturn the opinion, having said that her decision completely rested on the Equal Protection Clause. Predictably, Justice Scalia disagreed, condemning the majority of “largely signing on to the so-called homosexual agenda."

Another case that can be put under consideration is the Izza Lopez aka Raul Lopez Jr case. The plaintiff had Gender Identity Disorder which was characterized by a strong and tenacious cross-gender identification. She is biologically a male but lives her life as a female. She will be going through a sex change surgery once she can afford it. Lopez applied for a job as a scheduler in 2005 with Defendant River Oaks, a medical clinic. She underwent an interview that was taken by the director and manager of the clinic. She was under the impression that both the manager as well as the director are aware of the fact that she is transgender because she already had friends working in the clinic. Lopez also said that she provided the company with her both male and female name. Lopez underwent a successful drug and background check under her actual name Raul. She was later approached by the company that she has cleared all the tests and has been offered the position. Later, she got another call from the company, they said that after the background check it was found out that Lopez was male and she misrepresented herself in front of the company. Hence, they have decided to withdraw the job offer. Baffled, Lopez ended up filing a sex discrimination complaint with the US Equal Employment Opportunity Commission. The case proceeded further. Lambda Legal lawyer Cole Thaler of Atlanta, who manages transgender cases for the group and is working on Lopez's, said the judge's opinion "affirms that transgender people are not being deceptive by being themselves." It was also said by Thaler that this will be the first time in this federal circuit that a case like this is going further to get proceeded.

Talking about the situation in 2013, there were around twelve states that gave recognition to same-sex marriage. The Supreme Court in 2015 help solve the question of; “whether state bans on gay marriage violated the Equal Protection and Due Process Clause of the 14th Amendment.” In Obergefell v Hodges, a five-member Court most came to the conclusion that the bans were violating the 14 Amendment provisions. Writing for the Court, Justice Kennedy said the Framers of the Constitution "did not presume to know the extent of freedom in all of its dimensions, and so they entrusted future generations a charter protecting the right of all persons to enjoy liberty as me we learn its meaning." With "new insights" into liberty's meaning, "The Court now holds that same-sex couples may exercise the fundamental right to marry." In dissent, Chief Justice Roberts argued the "Constitution had nothing to do" with the right granted by the Court which, in his opinion, was making a decision left by the Framers to legislatures. Justice Scalia ridiculed the reasoning of the Court, indicating in a footnote that he would hold his head "in a bag" if he were compelled to join the majority's opinion.

It is clear that we still have to go a long way in order to bring social change. The rights that the LGBTQ community deserve is a matter of being human and respect. Every single being who lives on this earth has the right to pursue their life the way they would like to, it should not be dictated by others and nor should anyone else be given the right to dictate a separate entity's life. Falling in love, being yourself and looking yourself is the right of every person by birth, it needs to be made inevitable.

Giving LGBTQ Community Equal Rights Leading to a Positive Impact on the Society

When it comes to the rights of LGBTQ community Human Rights Watch has done significant work. Human Rights Watch is basically an organization which is functional in around 90 countries. This organization keeps a watch out if abuse is occurring around the world. The organization acknowledged the fact that around 2.8 billion people who are LGBTQ are living in constant fear of ever coming out because of the penalty of imprisonment in the countries they live in. Only 780 million people of this community are living in countries where same-sex marriage and living freely and owning their identity is not approved by the law. However, over the period of time, there has been an enormous improvement. We still have a long way to go and it should be kept in mind that fighting for LGBTQ rights is not just a Western phenomenon it is worldwide. Due to recent global support, more people have started to come out and have started fighting for their rights. People are realizing that their children, cousins, siblings or even parents are part of the community. There is a broader change in the society seen as well, people have started to become more aware and have learned to respect everyone for what they are. Some parents even feel guilty that their children have been living in fear. The society has become more accepting. These broader changes in society have driven some significant recognition of LGBTQ rights. There is now a more unbiased relationship between amid genders and there is significant respect for individual autonomy. Knowing that so many people have started to come out shows that this community is greater than people thought it would be. This change has started structuring the insight of the general public and is reinforcing the much-needed social change. There are a lot of celebrities like Ellen Degeneres, Kristen Stewart, Matt Bomer, Bella Thorne and Caroline Cassey to name a few who have come out as gay, bisexual and transgender. This is also helping raise awareness and making more people come out and accept who they are. Ellen Degeneres being a very popular celebrity figure has helped raise awareness through her show and because of her a lot of people of the LGBTQ have come out and started living their lives to the fullest.

Conclusion

It is a fact, that not everyone is going to be alike. Every person out there is different from the next, it is high time that awareness regarding this created. Every individual has the right to be happy and the fact that there are certain social constraints that are stopping them from being who they are is a shameful turn for our community as a whole. Equality and protection are the right of everyone by birth and the LGBTQ community is also "Everyone." No one should be forced to live under a false identity just, so they can fit in, freedom is the right of all. This awareness is not just for the western world alone it is for the whole world to acknowledge.

End Notes

Maldonado, Raul Angel. "RESILIENCE AND RESISTANCE: HOW THE INLAND EMPIRE TRANSGENDER COMMUNITY THRIVES." (2018).

Porter, Kristen E., Mark Brennan-Ing, Sand C. Chang, Lore M. Dickey, Anneliese A. Singh, Kyle L. Bower, and Tarynn M. Witten. "Providing competent and affirming services for transgender and gender nonconforming older adults." Clinical Gerontologist 39, no. 5 (2016): 366-388.

Solomon, David T., Nicholas Heck, Oakleigh M. Reed, and Daniel W. Smith. "Conducting culturally competent intake interviews with LGBTQ youth." Psychology of Sexual Orientation and Gender Diversity 4, no. 4 (2017): 403.

Javier, Noelle Marie, and Austin Gerhard Oswald. "Health for the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Older Adults." Current Geriatrics Reports (2019): 1-10.

Rafferty, Jason, and Committee on Psychosocial Aspects of Child and Family Health. "Ensuring comprehensive care and support for transgender and gender-diverse children and adolescents." Pediatrics 142, no. 4 (2018): e20182162.

Skinner-Thompson, Scott. "The First Amendment and LGBT Equality: A Contentious History." Mich. L. Rev. 116 (2017): 881.

GUN CONTROL

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Professor name

Subject

Date

Gun control

The attack on Walmart store in El Paso raised controversial debate due to the deaths of 29 people. The incident occurred in August 2019 that killed 20 people in Texas and 9 in Dayton, Ohio. The shooters purchased the shooters legally which depicts that guns have become part of American society. the Democrats raised their voice for the need for strict gun control legislation. President Trump responded by emphasizing on background checks and tied the not with immigration. He also stated that mass shootings are linked to mental illness and stated that both shooters of the incident were insane. Gun control activists are still struggling for promoting strict policies for minimizing mass shootings. However, no significant change has been observed because the number of mass shooting incidents is reported almost every day. No qualifying evidence reveals the decline in the mass shooting rates.

Mass shooting opened a debate among supports and opponents of the gun restrictions. Gun control is one of the oldest issues that has not been resolved due to the existence of different opinions of politicians and policymakers. America is ranked highest in terms of firearms per 100 residents. This indicates that “The US is an outlier on gun violence because it has way more guns than other developed nations" CITATION Ger19 \l 1033 (Lopez). It is claimed that in America there are more guns than residents. The number of reported incidents has increased with time. Evidence depicts that mass shootings caused 40,000 deaths in 2017 CITATION Ger19 \l 1033 (Lopez). The shooters use three ways for buying guns that include accessing open markets, black markets or theft. In open markets, they purchase guns legally from gun shops or gun dealers. They also access guns illegally from black markets from disreputable gun dealers. The state has banned the purchase of weapons from black markets. Another option used by shooters is to acquire weapons through theft. The commonly used method includes raids on police armouries, military or government. Terrorists also acquire explosives and bombs for terrorist activities, through illegal means. Variety of pistols and guns are used for mass shootings such as machine guns and machine pistols. Machine guns are commonly used in urban areas because they are easy to conceal. Automatic assault rifles are used for long-range shooting. It is mostly used by killers because it offers good use of the range.

Debaters who demand strict gun laws stress on the idea that banning guns is more ideal because it will allow the state to save its federal funds and use them elsewhere for the betterment of the country and its people. It is claimed that "the gun lobby has been central to stonewalling even the most basic commonsense reforms" CITATION Gar171 \l 1033 (Younge). Political agendas also undermine the concept of adopting strict gun control legislation. The activist of gun control argues that politicians are funded by gun manufacturers which affect their decisions about implementing strict laws.

The facts show that the gun-control laws in America failed in controlling shootings. Gun control activities suggest that the American government must follow the gun control model of Australia because it allowed controlling mass shootings. Massive shooting is one of the prominent features of American life CITATION Kar181 \l 1033 (Kaplan). The comparison of the two states America and Australia show that Australia through gun- control legislation managed to maintain peace and decline killing resulting from guns CITATION Nic19 \l 1033 (Evershed). Why did America not use the same policy to overcome the massive killings? Compared to Australia's strict gun policy, American loosened its policy that allowed easy access to guns. The survey conducted by Gallup shows that the citizens' in America considered strict laws as one of the possible solutions to overcome high killing rates. The survey results of 2014 show that the people through the sales of guns have to be below 47%. The high rates of killings were due to lenient gun-policy. A gunman shooting at Chattanooga, Tennessee killed four marines, and a sailor was another proof of the ineffective gun legislation. The assessment of the shootings also reveals the absence of gun-control laws as one of the main reasons for massive killings.

Due to the rising number of incidents, it is evident that America is providing opportunities for shooting by allowing easy access to shooters CITATION Joh192 \l 1033 (Bacon, Choate and Austin). This argument claims that limiting the availability of guns could be a practice step for reducing events of the shooting. The administrators of gun control states, “we have venerated the gun and valorized its usage. America is violent and the gun is a preferred instrument of that violence. America, in many ways, is the gun” CITATION Cha18 \l 1033 (Blow). Increased number of incidents depicts the state's failure in maintaining adequate gun laws for eliminating potential threats. Irrespective of the mass shootings the government has not implemented any policy for banning guns.

The mass shootings at Walmart encouraged protesters to demand policy changes. “They want to decrease the number of guns in circulation by 30% – which would mean roughly 100m fewer firearms in American hands” CITATION Loi19 \l 1033 (Beckett). This could be an effective strategy for controlling shootings. The protestants used the slogan 'March for our Lives' to raise awareness in society. Gun control activists claim that American state needs to take immediate actions for the safety of the people. Any delay would threaten the lives of innocent citizens. The agenda demanded the adoption of strict standards for restricting gun ownership. The incident of El Paso represents the flaws of gun control policies CITATION Sam191 \l 1033 (Gilbert). It is thus important to take immediate steps for removing future threats.

The supports of guns claim that the right to security is undermined by the policy of many American states restricting citizens' form keeping firearms. Laws restricting guns leads to the infringement of the second amendment. The second amendment allows freedom and privacy of the citizens so the state must not ban guns. Those who speak in favor of allowing guns exhibits concerns regarding life safety of students. The increasing number of shootings at campuses indicates the failure and incompetence of police to control the situation. At campuses of Kansas and Alabama, the trend of shootings is significantly large depicting the need for taking active interventions. Restrictions on carrying guns for safety deprives the right to self-defence thus providing an opportunity to the violent groups to shoot others. Denying carrying guns in general results in more chances of carrying concealed weapons. The students that fulfil the conditions of rights and responsibly must be allowed to carry guns for self-defence only. The chances of getting killed by a gunshot are more when a student is unarmed. The law if abides citizens from carrying guns it depicts a violation of the second amendment that gives the right to self-defence.

Outlawing guns increases the vulnerability of citizens. Americans think guns are part of their culture and they keep it for personal safety. The civil rights allowed guns to the citizens irrespective of any discrimination. Banning guns is inappropriate as it increases the chances of getting killed by others. Facts reveal that the murder rates in Chicago increased after the implementation of gun laws. There was a 25 percent increase in murder rates during 2011 due to the ban on guns. The statistics indicate that the ban on guns eliminated the capability of citizens to protect them. Restrictions on guns provide more opportunities for criminals to kill innocent. If stricter gun control were the solution to get rid of shootings than the rate of murders would decline. However, the statistic indicates that the murder rates doubled since 2009 with 25% rise CITATION NBC19 \l 1033 (NBC). The strict gun laws depict flaws in the policy-making as it proved to be an ineffective strategy for controlling crimes. The increase in murders and shootings at campuses motivated the citizens to protests for gun rights CITATION Ell12 \l 1033 (Vizzard). The supporters of guns claim that background checks will allow the gun regulation agency to have complete data about the buyers of guns. The approach if adopted accurately will help in reducing crime rates and wrong use of weapons.

The reality according to gun control activists defects gun policy. The state will not be able to attain its mission of eliminating mass shootings until guns are banned. Facts indicate that "within the United States, a wide array of empirical evidence indicates that more guns in a community lead to more homicide” CITATION Ger19 \l 1033 (Lopez). The administrators of gun control claim that background checks are also inadequate because shooters can purchase guns from black markets. The only solution that could make America safer is banning guns.

The incident of El Paso at Walmart stores in Texas and Ohio opened the debate of considering policy changes for controlling mass shootings. Although gun violence remains one of the critical issues of America nothing has to be done for eliminating potential threats in the future. The most practical solution for mitigating future risks of mass shootings is by restricting gun ownership and banning their selling.

Work Cited BIBLIOGRAPHY

Bacon, John, Trish Choate and John C Moritz Austin. 3 dead in shooting at Walmart in Duncan, Oklahoma: 'The closer it is, the more it hurts'. 2019. 28 11 2019 <https://www.usatoday.com/story/news/nation/2019/11/18/walmart-shooting-several-wounded-attack-duncan-oklahoma/4228530002/>.

BBC. US mass shootings: Trump condemns deadly attacks amid criticism. 2019. 28 11 2019 <https://www.bbc.com/news/world-us-canada-49230861>.

Beckett, Lois. Radical gun reform may finally have a voice in Washington. 2019. 28 11 2019 <https://www.theguardian.com/us-news/2019/aug/22/gun-control-policy-debate-reform-anti>.

Blow, Charles M. America Is the Gun. 2018. 07 09 2018 <https://www.nytimes.com/2018/02/25/opinion/america-is-the-gun.html>.

Evershed, Nick. Strict firearm laws reduce gun deaths: here’s the evidence. 2019. 28 11 2019 <https://www.theguardian.com/news/datablog/2019/mar/20/strict-firearm-laws-reduce-gun-deaths-heres-the-evidence>.

Gilbert, Samuel. 'This touched everyone': Walmart store reopens months after a mass shooting. 2019. 28 11 2019 <https://www.theguardian.com/us-news/2019/nov/14/walmart-mass-shooting-el-paso-texas-mexicans>.

Haas, Louis. Guns are a huge part of American society; taking them away won't help: Today's talker. 2019. 28 11 2019 <https://www.usatoday.com/story/opinion/2019/08/20/gun-control-second-amendment-rights-supreme-court-talker/2059968001/>.

Kaplan, Karen. Why Australia's famed gun control laws probably wouldn't reduce shooting deaths in America. 2018. 28 11 2019 <https://www.latimes.com/science/sciencenow/la-sci-sn-australia-gun-law-deaths-20180926-story.html>.

Lopez, German. America’s unique gun violence problem, explained in 16 maps and charts. 2019. 28 11 2019 <https://www.vox.com/policy-and-politics/2017/10/2/16399418/us-gun-violence-statistics-maps-charts>.

NBC. The suspected gunman in El Paso Walmart shooting pleads not guilty to attack that killed 22. 2019. 28 11 2019 <https://www.nbcnews.com/news/us-news/suspected-gunman-el-paso-walmart-shooting-pleads-not-guilty-attack-n1064876>.

Younge, Gary. Why Americans won't give up their guns. 2017. 07 09 2018 <https://www.theguardian.com/commentisfree/2017/oct/06/americans-guns-nra-las-vegas-shooting>.

Vizzard, William J. “The Current And Future State Of Gun Policy In The United States.” Crim. L. & Criminology 879 (2015).

Historical Prison Systems.

Student’s Name

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Date

Historical Prison Systems

The system of correctional center was established to ensure that prisoners receive humane treated. As stated by Thorsteinson (23), the first system of correctional center was initiated in State of Pennsylvania. The correctional center and the system of operations were established to ensure that any person convicted of any offense is not badly treated. The Pennsylvania correctional system was developed at the Walnut Street Jail to embody the idea of solitary confinement without any labor. Prior to the establishment of the system, convicts were exposed to hard labor which many legislatures viewed as illegal and inhuman and therefore, the idea of Pennsylvania system was to developed a system of operations within the correctional centers that support the development of persons rather than destroying the people and therefore, the system meet the needs of prisons reform. It ensured that prisoners are not subjected to hard labor. The Pennsylvania system is part of the prison reform initiated in the United States to ensure that convicted individuals obtain improved treatment when in prison. Prisoners spend most of their times in a small cell and there is also solidary labor in these small cells.

However, the Auburn System of Corrections was developed in the early days in 1819 and mostly practiced in New York State prison. It is very different from Eastern Penitentiary. It is a small cell mostly for sleeping and not workingCITATION Pau17 \p 21 \l 1033 (Rothman 21). The Auburn system is majorly controlled by a group of five people which form the board of management of the prison. The auburn system was also of conferment without hard labor. Therefore, the different between Pennsylvania and Auburn system is the mode of operation and management. The Auburn corrections are managed by the board of inspectors and the Pennsylvania was managed by employed prisoner officer employed by the state.

Works Cited

BIBLIOGRAPHY Rothman, Paul. "Not much is New under the correctional Sun." Themes: Truths That Underlie Correctional Practice (2017): 2-35.

Thorsteinson, Katie. "19th Century Prison Reform Collection." https://digital.library.cornell.edu/collections/prison-reform 21.4 (2017): 2-35.

Human Trafficking

Human Trafficking

[Name of the Writer]

[Name of the Institution]

Human Trafficking

Introduction

With the growing population of the world, the number of exchanges taking place between the people is also increasing (Olimpia & Stela, 2017). Most of these exchanges are lawful and profitable, however, a considerable amount of these exchanges is illegal (Phelps, Biggs & Webb, 2016). The illegal share of these exchanges makes organized criminal groups thrive under the nose of authorities (van Liempt, 2016). These criminal organizations move drugs, supply arms, traffick human beings, and transfer parts of endangered animals. These illegal exchanges have dreadful consequences for countries. These consequences make the economy of a country cripple, its institutions weaker and engender conflict (Bojicic-Dzelilovic & Turkmani, 2018). The issue of transnational organized crime has become a point of contention among different countries at international forums. That is because the global economy suffers due to the illegal exchange of goods and various other items (Weiss, 2018). Undoubtedly, these facts portray a grim picture when it comes to transnational crimes. Moreover, the shocking effects of the goods and items exchanged illegally on an individual can be dreadful. Drug addiction and sexual exploitation can have adverse effects on an individual (Lallerstedt, 2018). Additionally, environmental hazards also increase due to the trade of endangered species of plants and animals (Bisschop, 2016). As far as transnational organized crimes are concerned, many researchers acknowledge its existence. However, there is divergence on the view that whether or not criminal organizations are capable of carrying out these crimes (Cressey, 2017). This point of contention will be analyzed further.

Discussion

There were times when the domain of organized criminal activities was dominated by the notorious Sicilian mafia (Watts, 2016). Referred to by the name of “Cosa Nostra” by its members, Sicilian mafia hailed from Sicily, Italy. Sicilian mafia is a loosely bound association of criminal groups that have a shared organizational structure (Armiero, 2019). The criminal groups in the mafia are formally known as “clan”. Each clan wields influence over a piece of land from where they operate and perform their activities. The functionalities that the mafia performs include providing protection to racketeers, resolving conflicts between criminals and overseeing illegal agreements. The mafia was originally based in Italy, but due to the increase of emigration and a surge in globalization, the mafia was able to spread its operations to countries belonging to South America, Central America and North America (Calderoni, 2016). Taking into account the discussion so far, it is evident that organized criminal groups like Sicilian mafia is able to operate transnationally with impunity.

However, According to Zhang and Chin, there is an increased number of criminal groups documented that are not affiliated to any centralized group like the Sicilians of Italy or the Triads of China (Hofmann & Gallupe, 2015). The newer organized criminal groups are dominating the illegal transnational criminal arena. These newer groups do not have strong connections like the Sicilians and the Triads. Still, they outperform their traditional counterparts when it comes to human trafficking and heroin smuggling. What sets these newer groups apart from their counterparts is the highly sophisticated tasks and complex operations (Hagan & Daigle, 2018)

. However, sometimes the highly sophisticated operations procedures of these newer groups fail in disaster. For instance, illegal Chinese immigration was always an issue simmering under the surface, however, it caught the attention of the media when 58 illegal Chinese immigrants were found dead in a refrigerator in which they were being transported (Zhang & Chin, 2015). This is one of many instances which reflects the power of these newer groups, unlike the traditional groups.

Conclusion

Traditional criminal organizations were famous for providing protection to racketeers and overseeing illegal transactions. However, these newer groups are found to operate in the domain of human trafficking and heroin smuggling. Although traditional organized criminal organizations like the Sicilians and the Triads have previously been known to operate transnationally, their influence over the global illegal market seems to be declining. Of many reasons for this decline, one of them is the increase of the groups of criminals that are not bound to a centralized organization like the Sicilians and the Triads. One can conclude that the newer groups have outperformed traditional criminal organizations.

References

Armiero, M., Gravagno, F., Pappalardo, G., & Ferrara, A. D. (2019). The Nature of Mafia: An Environmental History of the Simeto River Basin, Sicily. Environment and History.

Bisschop, L. (2016). The illicit trade in hazardous waste: a criminological supply chain approach. In Handbook of transnational environmental crime (pp. 190-211). Edward Elgar Publishing.

Bojicic-Dzelilovic, V., & Turkmani, R. (2018). War economy, governance and security in Syria’s opposition-controlled areas. Stability: International Journal of Security and Development, 7(1), 1-17.

Calderoni, F., Berlusconi, G., Garofalo, L., Giommoni, L., & Sarno, F. (2016). The Italian mafias in the world: A systematic assessment of the mobility of criminal groups. European Journal of Criminology, 13(4), 413-433.

Cressey, D. (2017). Theft of the nation: The structure and operations of organized crime in America. Routledge.

Hagan, F. E., & Daigle, L. E. (2018). Introduction to criminology: Theories, methods, and criminal behavior. Sage Publications.

Hofmann, D. C., & Gallupe, O. (2015). Leadership protection in drug-trafficking networks. Global crime, 16(2), 123-138.

Lallerstedt, K. (2018). Measuring Illicit Trade and Its Wider Impact. In Organized Crime and Illicit Trade (pp. 79-109). Palgrave Macmillan, Cham.

Olimpia, N., & Stela, D. (2017). Impact of Globalisation on Economic Growth in Romania: An Empirical Analysis of Its Economic, Social and Political Dimensions. Studia Universitatis „Vasile Goldis” Arad–Economics Series, 27(1), 29-40.

Phelps, J., Biggs, D., & Webb, E. L. (2016). Tools and terms for understanding illegal wildlife trade. Frontiers in Ecology and the Environment, 14(9), 479-489.

van Liempt, I. C. (2016). A Critical Insight into Europe´ s Criminalisation of Human Smuggling: SIEPS Policy Paper.

Watts, M. J. (2016). The mafia of a Sicilian village, 1860–1960; a study of violent peasant entrepreneurs, by Anton Blok. The Journal of Peasant Studies, 43(1), 67-91.

Weiss, T. G. (2018). The United Nations and changing world politics. Routledge.

Zhang, S. X., & Chin, K. L. (2015). Swim against the tide: Using qualitative data to build a theory on Chinese human smuggling. Qualitative Research in Criminology, J. Miller and WR Palacios, eds.(New Jersey, Transaction Publishers, 2015), 215-234.

Illegal Drug Substance

Illegal Drug Substance

[Name of the Writer]

[Name of the Institution]

Illegal Drug Substance

Legal Drugs

Three most significant legal drugs from 1865 until the 20th century are considered to be Heroin, Opium, and Methamphetamine

Heroin

Heroin was legal in the past and used in medicines until its addiction became known. It was first synthesised in 1874 and used as a non-addictive substitute of morphine. In the 1890s the very famous pharmaceutical company of Germany known as Bayer used heroin as a cough suppressant and morphine substitute. Heroin was mostly used in American children who were suffering from colds and coughs. It was also used in palliative care in the UK. In many European countries, the heroin was used as a maintenance drug for assisting the opiate addiction treatment (Carlson, et, al., 2016).

People could get heroin from medical stores and at hospitals with the prescription of the doctors.

People would use heroin as it may be prescribed for the treatment of severe pain such as chronic pain, the pain of post-surgery, myocardial infarction, and physical trauma including terminal illness of end-stage. The other significant advantage of heroin is that it is fat soluble and therefore more effective by injection. Hence a small dose of heroin can give a big relief from pain.

Opium

Opium was used as the opium poppy in the 19th century. Chinese labourers used to smoke opium and laudanum which was considered to be a solution of alcohol and opium. It was also used by women for treating their menstrual cramp and by infants to get relief from toothache. Around the start of the 20th century most addicts of opium were considered to be older women. Opium was mixed with tobacco to make madak which was popular in China.

It could be available free on the medical stores and even at the grocery stores. In Eastern Europe during 20th-century poppy seeds were sold by the farmers in the form of bundles (Obladen, 2016).

People would use opium because it could be used for aiding masculinity, strengthening sperm and regaining vigour. It could also enhance the art of court ladies, sex, and alchemists.

Methamphetamine

Methamphetamine is another drug which was made in 1887 by Germans and was legal to use till 1970. It was mostly used during World War II in order to keep the troops of the army awake. In 1950s Obetrol was introduced by Obetrol pharmaceuticals which were considered to be the first brand of products of pharmaceutical methamphetamine.

It was easily available on the grocery and medical stores and mostly used by athletes, truck drivers, and college students.

People could use it because it was soluble in water and could also become a perfect partner for injections. It could be used as a diet aid and for fighting the depression. It was also used for the disorder of attention deficit hyperactivity and obesity. It was also used for treating the disorder of substance use, severe anxiety or agitation, or the patients who suffered from severe hypertension, and hyperthyroidism.

Illegal Drugs

Three common illegal drugs include Cocaine, LSD, and MDMA

Cocaine

The cocaine high which is also known as cocaine intoxication is one of the most significant effects of cocaine among the users and considered to be the main reason for the consumption of cocaine. Most people use it for the psychological changes that involve the changing of the thinking, feelings, and emotions of the persons. It gives them intense pleasure which is also known as euphoria Moreover, they can gain extra self-confidence to talk in front of any audience. After taking cocaine people to feel more sociable and energetic.

America had a prolonged history with the addiction to cocaine. According to the national survey on drug health and use the number of cocaine users in the U.S is more than two million.

The abusers of cocaine generally belong to the age group of 18-25 and more than 1.6 per cent of young adults are using cocaine.

LSD

LSD is another illegal drug which has been used for several reasons. It has been used for religious rituals in order to induce detachment states from reality and also for precipitating visions thoughts for providing mystical insight or enabling contact with a higher power or spirit world. This drug can also be used for recreational or social purposes which include to have fun, deal with fun or enable them to develop a more enlightened thinking sense. Moreover, it can also be used for treating some diseases like obsessive-compulsive disorder, schizophrenia, dementia, and bipolar disorder (Barber, 2017).

It has been believed that more than ten per cent of people in the United of States of America has used LSD in their lives at some point.

Currently 0.3 per cent of people ranging from age group 12-25 while only 0.1 per cent of the adult ranging from age group more than 26 are considered to be the user of LSD

MDMA

People are using MDMA with the music of the electronic dance. It is used for alerting the perception and mood which include awareness of surrounding conditions and objects. It is also used for producing feelings of increased energy, time perception, distorted sensory, emotional warmth, and pleasure. These drugs are very common is night clubs and rave parties. Moreover, it also enhances sensation or sexuality, sense of inner peace and provides mild hallucination. Like other types of hallucination drugs people can use MDMA for increasing self-confidence, sociability and also the feelings of communication being simple or easy

More than seven per cent of people have used MDMA in their life at some, and almost one per cent of them have used in the last year.

MDMA is considered to be most common among young professionals and college students. It has become synonyms with the culture of rave and started appearing in the nightclubs throughout Chicago and Dallas.

References

Barber, T. X. (2017). LSD, marihuana, yoga, and hypnosis. Routledge.

Carlson, R. G., Nahhas, R. W., Martins, S. S., & Daniulaityte, R. (2016). Predictors of transition to heroin use among initially non-opioid dependent illicit pharmaceutical opioid users: A natural history study. Drug and alcohol dependence, 160, 127-134.

Obladen, M. (2016). Lethal lullabies: A history of opium use in infants. Journal of Human Lactation, 32(1), 75-85.

Illegal Immigration

Illegal Immigration

[Name of the Writer]

[Name of the Institution]

Illegal Immigration

Introduction

Amid the vast majority of the historical backdrop of the West, nationality was comprehended to be a desirously monitored benefit and respect, not an all-inclusive privilege involving access to plenty of welfare assistance. In the Aristotelian plan, the most genuine republican type of government is a country, yet even in said commonwealth, citizenship would be limited to capable men who carry weapons; to cast a vote, one would need to be one of the individuals who remains in damage's manner to ensure the complete safety of the society. Indeed, even in later occasions, with the ascendance of established liberalism, it was underestimated that the establishment would be confined by an assortment of standards, for example, proprietorship.

Discussion

Thomas Aquinas

As rightly said by the great scholar and Saint Thomas Aquinas, each country has the option to be recognized, by its origins, who can relocate to it and apply suitable movement approaches and policies (Koudelka, 2016). Aquinas noticed that the Jewish individuals of Old Testament eras did not concede guests from all countries similarly since those people groups nearer to them were more immediately coordinated into the populace than the individuals who were not as closer to them. This was a natural phenomenon and most of the world is still following this rule. Some adversarial group of people was not conceded at all into Israel because of their threatening vibe toward the Jewish individuals (James, 2018). The Law "recommended in regard of specific countries that had close ties with the Jews," the researcher noted, for example, the Egyptians and the Idumeans, "that they ought to be admitted to the cooperation of the general population after the third era." Rest of the nations and their citizens who had not such good terms with Israel were not to be given the status of citizenship. It requires time for somebody to realize what the issues that influence the country are, Aquinas contended. The individuals who know the historical backdrop of their country and have lived in it, working for the benefit of all, are most appropriate to take an interest in basic leadership about its future. Immigrants and foreigners are not suited for this job as they will only think and work for their own interest and not for the wellbeing of all. The tone set here by Thomas reeks of pure nationality.

For Thomas Aquinas, it appeared to be reasonable to treat countries in an unexpected way, contingent upon the liking of their societies with that of Israel just as their notable relations with the Jewish individuals (James, 2018). Aquinas likewise recognized among three sorts of outsiders in the state of Israel. First were those who are foreigners with a legal traveling visa and were allowed to enter Israel. Second were those who came to settle with documents of settling down but were not given full privileges as opposed to those who are the citizens. Lastly were the immigrants who wanted to settle down in Israel with all the reasons to become natural citizens of the state but wished to follow their own pattern and way of life. This type made Thomas Aquinas worrisome of the concept of immigration as these types of foreigners were not to be trusted with and could harm the wellbeing of the natural life of the state (Koudelka, 2016). He was of the view that all out reconciliation of outsiders into the life, language, traditions, and culture even the religion was vital for full citizenship.

Aristotle

The great Aristotle talks about citizenship to great extents and made the refinement between having a nationality and being a decent resident. Numerous Americans today are latent natives and, as per Aristotle, while being residents do not fill in as great natives. On account of illegal migrants, Aristotle thinks about foreigners as youngsters on the way to citizenship, who have the ability to wind up as great residents (Chtouris, 2016). Aristotle, a resident of Prehistoric Athens, built up a hypothesis of citizenship in which he has termed a nation as a complete family living together in harmony and peace. Aristotle trusted that "being or becoming a citizen of a certain state is not controlled by living arrangement, or by simply approaching the official courtroom." He sees undocumented migrants as "people who are still too youthful to even think about entering and gaining the status of residents or natives." By no methods does Aristotle bolster unlawful migration, however his relationship of a nation as a family underpins the likelihood of accomplishing citizenship as a foreigner (Holloway, 2018). While Aristotle recognizes lawful resident ship, he additionally builds up the meaning of citizenship. He characterizes a resident as somebody who partakes in the organization of equity and can facilitate himself in the governmental policies of the country. He identifies two sorts of office holding. One that is held for a specific timeframe and a second in which there is no time limit, for example, casting a ballot. Aristotle's refinement between somebody who is a native and somebody who is a decent resident is intended to speak to the view that a nation is just on a par with its natives. Being a native is having residency, a great native is somebody who effectively takes an interest in governmental issues (Chtouris, 2016). For instance, somebody who is viewed as an American native may not likewise be viewed as a decent native, under this definition. Numerous American natives do not meet the criteria of a decent resident and rather are detached residents. This simple criterion set forth by Aristotle provides a detailed image of what a good citizen should do whether native or not, becoming a part of a country means to actively participate in the politics and provide services for the betterment of the nation (Holloway, 2018).

Aristotle's definitions and wisdom of immigration can be further explained, explicitly the discussion encompassing the current undocumented populace. A large number of these foreigners have turned out to be incorporated into American culture and ostensibly see themselves as Americans in spite of not being lawful residents. Besides, a considerable lot of these undocumented settlers, whenever given the chance, could possibly satisfy Aristotle's meaning of a decent native (Chtouris, 2016). Migration change will require the reconsideration of American residentship. Undocumented workers, much of the time, see themselves as Americans regardless of their absence of lawful status. As Aristotle stated, these workers ought to be considered as youngsters on the way to citizenship.

Robert Nozick

Robert Nozick, however, had a very different opinion about the concept of citizenship and immigration. His basic concept of the human mindset was different and unique as his positivist theory made it clear. As indicated by Nozick, individuals are 'self-proprietors'. He says that they reserve the privilege to their physical properties, psyche, and openings and utilize them in a manner in which they are required. Individuals additionally have the privilege of the items that they produce, since they possess the bodies and brains that make the items (Waldron, 2017). Nozick rejects the idea of distributive equity, a framework in which wealth and power are only circulating in a specific way and ends up in the hands of a single class.

Nozick morals are procedural morals: regardless of whether a specific circumstance is simply relied upon whether they got through the best possible techniques. The motivation behind the government ought to be to guarantee that any conveyance of merchandise happens as indicated by the guidelines of standards (Aitchison, 2018). Be that as it may if the legislature does intercede and seek after a redistribution of the merchandise or things as citizenship, this is in direct opposition to the basic ethics and morals of ownership. Here, Nozick provides the concept of minimum government interference where people can make their way of living easier by having less interference from state institutions. As indicated by Nozick the state has no privilege to do something besides uphold the rights which people as of now appreciate. Nationality offers ascend to no particular case. The government is bound to ensure the privileges of natives and noncitizens on an equal basis and that too on the grounds that it appreciates a true imposing business model over the authorization of rights inside its domain (Waldron, 2017). People reserve the option to go into deliberate trades with different people. They have this privilege as people or as humans, not as residents. The government may not meddle with such trades inasmuch as they do not damage another person's privileges. Nozick said that a certain government has no rights to prevent foreigners from entering the country.

Assume a rancher from the Netherlands needs to employ laborers from Morocco. The administration has no privilege to preclude him from doing this. To keep the Moroccans from coming would be against the privileges of both the Dutch rancher and the Moroccan laborers. Obviously, Dutch laborers may be impeded by this challenge with foreign specialists and workers entering and taking their job places (Aitchison, 2018). However, Nozick unequivocally denies that anybody has a privilege to be secured against such a scenario of competitiveness. Regardless of whether the Moroccans did not have work proposals from a Dutchman, a Nozickean administration would have no reason for keeping them from entering the nation. Inasmuch as they were tranquil and did not bargain, invade someone’s privacy, or generally disregard the privileges of different people, their entrance and their activities would be none of the state's business (Waldron, 2017).

Conclusion

The issue of illegal immigration is a serious problem not just for the United States but for the rest of the world as well. People migrate and settle down in different countries in hopes of providing a better lifestyle for their families. However, illegal movements must be stopped, and proper actions must be taken in light of the statements made above by Aristotle, Thomas Aquinas and Robert Nozick (Aitchison, 2018). Immigration ought to have as its objective reconciliation, not crumbling or isolation. A foreigner ought to want to accept the advantages as well as the obligations of joining into the full cooperation of the country. By turning into a resident, an individual turns out to be a piece of a wide family over the long haul and not an investor in a business entity looking for just momentary personal responsibility. The concept of immigration must have a happy ending, not the other way around. This clarifies why such a significant number of Americans experience nervousness brought about by gigantic and unsynchronized movement. Such arrangement misleadingly presents a circumstance that pulverizes normal purposes of solidarity and overpowers the capacity of the general public to assimilate new components naturally into a brought together culture. The benefit of all is never again considered. The concept of immigration has dependably been a sound advancement in the general public since it infuses new life experience and characteristics into a social body. Be that as it may, when it loses that extent and undermines the reason for the State, it compromises the prosperity of the country. At the point when this occurs, the country would do well to pursue the exhortation of Saint Thomas Aquinas and scriptural standards. The country must practice equity and philanthropy towards all, including immigrants, however, it should overall defend the benefit of all and its solidarity, without which no nation can long persevere.

References

Chtouris, S. (2016). Pity, Solidarity & Justice in the light of the current refugee crisis: From Aristotle to Rawls, Hanna Arendt and back.> The case of Volunteers in the Informal Camps of Eidomeni, Piraeus Port, and Victoria Square-Athens: Forming Interaction–Forming Identity. In Forming Interaction–Forming Identity. Proceedings of the International Conference of Karamanlis Foundation & Europe Direct. Lesvos. 9/7/2016.

Holloway, C. (2018). Aristotle’s Account of Factional Conflict and the Rise of Donald Trump. In Trump and Political Philosophy (pp. 25-41). Palgrave Macmillan, Cham.

James, H. (2018). Deglobalization: The Rise of Disembedded Unilateralism. Annual Review of Financial Economics, 10, 219-237.

Koudelka, J. (2016). The refugee regime and its weaknesses. Prospects for human rights and Kant’s ethic. Human Affairs, 26(3), 356-370.

Waldron, J. (2017). Exclusion: Property Analogies in the Immigration Debate. Theoretical Inquiries in Law, 18(2), 469-489.

Aitchison, G. (2018). Coercion, Resistance and the Radical Side of Non-Violent Action. Raisons politiques, (1), 45-61.

Immigration And Customs Enforcement

Institution

Student’s name

Course

Date

Immigration and Customs Enforcement

Security is one of the aspects essential in our day to day lives. For this reason, it is more important to ensure that all measures are put in place to ensure that all citizens are well protected. As much as most people are now migrating to other countries for academic and other reasons, homeland still remains a special land for most of them (Venkat et al 2017). This is because even as they move to other reasons a large portion of either their nuclear or extended family is usually left behind. This means that homeland security not only benefits residents who are present, but also others who might have even changed their nationality.

There are various ways of ensuring that the homeland security is maintained. One of them is recruiting more security officers who have the ability to protect society. We also have the need of ensuring that every child is educated and job opportunities are created for them. Through this, the youths will be in a position to raise their own money when they reach a working stage, rather than getting involved in criminal acts like stealing for survival.

We also realize that currently, most countries are suffering from terror attacks. Different areas are being attacked and innocent people killed. This raises the need of asking the society to report any suspicious thing they realize that might seem dangerous in any way (Golash 2017). Security actually begins at a personal level, rather than depending on everything being done by security officers. It is important to understand what people around us do and the activities they are involved in.

The government also has a major role in creating rules that are going to enhance security. This involves thorough punishments to the lawbreakers and also regulating the people migrating into the country for different reasons. In conclusion, as much as homeland security is important, it is the role of all citizens in a given nation to unite and work together in ensuring that they live in secured places.

References

Golash-Boza, T. (2017). An Immigration and Customs Enforcement Home Raid before Church. Humanity: An International Journal of Human Rights, Humanitarianism, and Development, 8(3), 531-533.

Venkat, H., Kassem, A. M., Su, C. P., Hill, C., Timme, E., Briggs, G., ... & Elson, D. (2017). Notes from the Field: Measles Outbreak at a United States Immigration and Customs Enforcement Facility―Arizona, May–June 2016. MMWR. Morbidity and mortality weekly report, 66(20), 543.

Indigenous People And The Law Research Essay

Australia is home to many Indigenous populations and legally they are referred as Aboriginals and Torres Strait islanders. They are considered as Australia’s first people who have lived on the continent over 50,000 years ago and today there are about 250 different languages spoken among them throughout Australia. They are mainly divided into two groups. The group of people that were already there before the British start settling in Australia and the descendants of people from Torres Strait Island. There had been a lot of disputes among the government and these people on property, culture and identity, throughout Australian history. Their mistreatment in the form of the stolen generation and unequal rights continued. The scope of this paper will cover when and to what extent did Aboriginal people achieve equal pay?

Circumstances before Equal Pay

The labour force of Aboriginal people was exploited throughout history. These exploitations were in the form of non-payment, under-payment and indentured labour. These exploitations were mainly down to government policies under protection acts. For example, government-controlled the employment and social involvement of Aboriginal people through Aboriginal Protection and restriction of the sale of Opium Act in Queensland. These tactics and exploitations were used through government-appointed proctors and police forces. The Aboriginal people were confined to work in construction, farming, cooking, gardening, and maintenance. The Aboriginal people were forced to pay for welfare work from the already low income they were earning. But those who were living in settlements were also required to work for free up to 32 hours a week on developmental projects. The justifications were mostly economic, that culture is mostly seen as a limitation and hindrance. Traditional culture may stand in a way of execution of policies. Under different so-called protection acts, the governments had the right to control the lives of Aboriginal people. Their children especially girls were taken away from their families and mostly used as domestic slaves while boys were trained as farm labourers and used in different mission .These children were known as the stolen generation. This exploitation of rights continued until the 1970s. Any serious police report would cause the removal of individuals from their area and families. Many times, these families wouldn't even know where their loved ones are. There were no limits on the working hours and the treatment of labour or the provisions and living facilities provided by the government. Almost like all other colonies in the world the European settlers also relied on local indigenous people for the labour work. Without their physical work, industrial development in the area wouldn't have been possible. The Aboriginal people working force was regarded as indispensable. However, despite that, the wage rate was significantly different. In 1949 only 31 per cent of the common wages at that time were paid to them while the figure rose to only 59 per cent in 1956 this trend continued until 1970's.

Achievement of Equal Pay

International Perspective

One of the major factors in aboriginal people getting their civil rights include international pressure. United Nations declaration of the universal human rights, that people should not be judged based on their race was the first step in this regard. Then later the international convention for the elimination of all kind of discrimination which later became the basis Australia’s Racial discrimination act 1975 also help in improving towards the civil rights of Aboriginal people.

Social Security

The social security movements and commonwealth legislation in the early 1960s were significantly important for the lives of Aboriginal people. Several politicians and activists’ groups also worked hard for the changes in the social security legislation. Some of the results were achieved but there were some hurdles also. A notable historian Russell McGregor said:

“Certainly, there was agreement on the desirability of Aborigines acquiring the fundamentals of citizenship - the vote, social security benefits and so forth - but there was disagreement over the basis on which such rights should be conferred”

Domestic Activism

Domestic activists like Shirley Andrews and Joe McGinness were prominent figures in the '60s who raised their voices and represented "Council of Aboriginal Rights" and "Federal Council for the Advancement of Aborigines and Torres Strait Islanders” respectively. Then in 1965, Australia’s best-known activist Charles Perkins led a chartered bus and drove it for two weeks through local clubs, theaters and grounds to realize people the countrywide discrimination and isolation of Aboriginal people.

Equal Wages

The Commonwealth Conciliation and Arbitration bench in March 1966 decided that Aboriginal people working on cattle stations would be covered by its industry and would be eligible to get the same payment as other workers. Earlier in a meeting between the Australian Council of Trade Union (ACTU) and the Federal Council for Aboriginal rights injustices suffered by Aboriginal workers were discussed. Almost five hundred copies of the booklet with those details were presented, that later on became one of the reasons for ACTU accepting the proposal for equal rights. This was not exactly the end of unjust wages in Aboriginal people, apart from cattle industries the discriminations continued. Even for those working in cattle industries, they have to wait several years to get the same wages as non-Aboriginal people. Slowly the effect of equal wage structure was also seen on other sectors as well. The two main factors for getting equal wage structure for Aboriginal people were mainly domestic tension and distress as well as international community pressure. It took a long time until the mid-70 that racial discrimination act became officially part of the domestic legislative structure. Later down the line first woodcraft and in the '80s acrylic paintings were the basic sources of income for Aboriginal artists especially in Papunya.

Effect of Equal Wage on Aboriginal People

The equal wage structure helped Aboriginal people improve their standard of life. Their artboards and paintings received the recognition they deserve. Another product which became an identity of Aboriginal people is the shell-work of their women. The equal wage boosted the confidence of many people to take part actively in the society. The likes of Cathy Freeman, Adam Goodes. Patty Mills, Arthur Beetson and Johnathan Thurston are some of the examples of the Aboriginal people that contributed towards the society and made their name through sports.

Sports is the field in which we can mostly feel their presence. Music is another field where we can feel their presence through Jimmy Little, Christine Anu, Yothu Yindi, along with AB original and Kuren. Art is another form where Aboriginal people have made a name for themselves. With their art valued throughout the country’s art galleries. Albert Namatjira is considered as the most famous Aboriginal artist in the country. Indigenous culture is also one of the best attractions for tourists. Many natural features in the country are considered sacred by the people and can be explored with a local guide. Their participation in politics has been rare but it has also been on the rise with the participation of the likes of Linda Burney and Ken Wyatt.

Racial diversity is also rare in mainstream media networks but it has also been on the rise. Debora Mailman, Miranda Tapsell, and Stan Grant are some of the people who have recently made a name for themselves in journalism and other television programs. Nowadays most Aboriginal and Torres Strait Islanders people live in cities and towns. However, many people still like to preserve their culture and lifestyle in their traditional lands . In 2014 Adam Goodes won the Australian of the Year award which is an indication of Aboriginal people and their contribution nowadays. Some problems still exist for example 42% of Aboriginals’ 17-year old participated in secondary education in 2011 versus 68% of the non-indigenous, 8% of Indigenous 19 to 21-year old took part in tertiary education in 2011 as compared to 36% of non-Aboriginal’s.

Legal Theoretical Framework

Indigenous people have a complex relationship with their fellow human beings and the natural world. Their relationship can be related to a specific culture, land and continuity of their own historical identity. They are a group of people who mainly stick to their ideas of life. They have historically proclaimed themselves as a distinct group of people despite being a part of a country or a broader community. However, the point of view of a state is different. They have usually a district system of sovereignty and a set of laws to govern a country. This has caused a rift between these two different ideologies. From a state point of view, they see it as complying your citizen with certain laws for their benefit. While Aboriginal people view it in the form of violence and unjust acts of brutalism. The current political system in the world is state-centric and works on the principle of the distinct system, boundaries and laws. However, in our case, the case is more of a legal, political and international struggle to earn the right of equality. It is more of a case of seeing them as equal citizens rather than maintaining their laws and territorial sovereignty. However, after providing them equal pay rights and equal opportunities, their involvement in the affairs of the state are on the rise than ever before. Nevertheless, many Aboriginal people have made the choice to move into cities and live their life in conventional country’s culture many are still living in their specific historical areas. There is still a need for a better policy to integrate Aboriginal people into mainstream society and help them in getting better education, health and life standard, so that they can also contribute towards the economy of the country.

References

Thornton, Margaret and Trish Lucker, "THE WAGES OF SIN: COMPENSATION FOR INDIGENOUS WORKERS*" (2009) 32(3) USNW Law Journal

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Chesterman, John, Civil Rights: How Indigenous Australians Won Formal Equality (Univ. of Queensland Press, 2005)

Chesterman, John, ‘Defending Australia’s Reputation How Indigenous Australians Won Civil Rights Part One’ (2001) 32(116) Australian Historical Studies 20

Chesterman, John, ‘Defending Australia’s Reputation: How Indigenous Australians Won Civil Rights, Part Two’ (2001) 32(117) Australian Historical Studies 201

Dockery, Alfred Michael, ‘Culture and Wellbeing: The Case of Indigenous Australians’ (2010) 99(2) Social Indicators Research 315

Fijn, Natasha et al, Indigenous Participation in Australian Economies II: Historical Engagements and Current Enterprises (ANU E Press, 2012)

Katz, I et al, ‘Evaluation Theories and Approaches, Relevance for Aboriginal Contexts’ [2016] Social Policy Research Center, Sydney

Salignac, F et al, ‘The Financial Economy and Indigenous Young People in Australia’ [2015] Sydney: Centre for Social Impact for the First Nations Foundation

‘Aboriginal Australians’, Culture & History (31 January 2019) <https://www.nationalgeographic.com/culture/people/reference/aboriginal-australians/>

‘Indigenous Australia’, Department of Foreign Affairs and Trade <http://dfat.gov.au/about-australia/land-its-people/pages/indigenous-australia.aspx>

Individual Assignment

KNJg 3bjbjhh 4@ 6 6 DjdZkkkkkkk as k0DkVkkDkWD6 t Question 1

The city sky co is a property investment and development company. Recently the company purchased a vacant piece of land south of Brisbane on which it is planning to build 15 apartments to sell. The city co has engaged the services of the local lawyer, Maurice Blackburn, to provide the legal service required for the development for 33000. Maurice Blackburn runs an establishment sole trader business and turns over revenue of 300000 per year.

Advice the city sky co the input tax credit entitlements that they may be entitled to. Assuming that the city sky co is registered for GST purposes.

Answer

The city sky co is presumed to be a registered corporation and therefore it will be required to pay the input tax credit whenever it will be wanted (Musgrave R.A 1989).

From the question, we are told that the company bought a piece of land which a fixed asset and therefore it has on its plans to build rental structures on the piece of land and thereafter sell it. Based on the business knowledge we know that land is fixed property, therefore, it is neither classified as an either a good or service. It is therefore not placed under the arm of GST. Clearly, no goods and service tax that will be charged during the purchase of the unused land. Therefore, if the company is planning to build the apartments in unused land, the charges will be placed under the needs of the black credit. The provisions of this type of credit state that for any good or service that may have been received by someone who is taxable for the building of the fixed property, whether on his ability or by the assistance of a business or a company, are not eligible to pay for the input tax credit. Therefore, there are no input tax credits levied that are applicable (O Hear M.M 1996).

The city sky company decides to take improvement services which amount to 33000. These development services were taken from the local lawyer. Therefore, in taxation, any utility taken from the lawyer is placed under the reverse charge mechanism, where under this mechanism, the goods and service tax are to be paid by the one who gets the utilities. If the acceptor uses such utilities in its enterprise purpose. Therefore, it can assert the input tax credit for the similar function of not. With the company being upcoming in the competitive market, the utilities rendered by the lawyer are to be utilized for the business purposes only. Therefore, it is suitable for the input tax credited on the goods and services tax is to be compensated to the utilities given by the lawyer. The revenue lawyer is also talked about in the question, though it is inappropriate for the business to demand input tax credit on the improvement utilities (Wei S.J 2000).

Question 2

Emma has provided you a list of transitions she has undertaken through the financial year to assist you in completing her 2015 income tax return

Sale of a block of land for 1000000 Emma purchased the land as an investment in 1991. The purchase price was 250000, plus 5000 in stamp duty, 10000 in legal fees. To find the purchase, she took out a loan on which she paid interest totalling 32000. During the period of ownership her council rates, water rates, and insurance totalled 22000. In January 2005 a dispute occurred with a neighbour over the use of land and legal fee incurred amounted to 5000 in resolving the dispute. Before putting the property on the market 27500 was spent to remove several large dangerous pine trees that were on the land. Advertising, legal fees and agent fees on the sale of the land were 25000

Sale of Emmas 1000 shares in riot into for 50.85 per share Emma paid breakage fee of 2 on the sale. Emma initially purchases the share for 3.5 per share in 1982.

Sale of a stamp collection Emma had purchased, from a private collector, in January 2015 for 60000 Emma sold the collection at auction for 50000. Auction fees totalled 5000 for sale.

Sale of a grand piano for 30000 it was initially bought for 80000 in 2000

Advise Emma of the capital gain tax CGT consequences of her transactions. Ignore indexation. Your answer must include references to relevant tax laws and or cases.

Answer

Ill first begin by giving a summary of the transaction that Emma did before giving a full and detailed analysis of all the transactions (Christians A 2007).

First of all, the share of riot into depicts a 47280, extended capital gain. The profit from the sale is 50850 and the shares accounted for are 3570 including the 2 breakage fee that was charged. Therefore, after removing the accounting figure doing the profits, the totalling amount is a 47,280 extended net capital gain (Avi Yohan R.S 1995).

In all the transactions that Emma did, the most complicated undertaking is the sale of the land that was used investment. Originally, Emma had received a 623500 net extended capital earning, though after the costs incurred were enumerated to the basis. Emma cannot remove any of the goods from the annual income because it is not a remuneration producing item. Therefore, all the expenses relating to the possession of the land should be capitalized and increase the basis (Wei S.J 2000).

Main analysis

To start with Emma sales a block of land at 1000000, which she had purchased for investment. Which she had purchased at 250000 plus addition of 5000 in stamp duty and a legal fee of 10000. In the sale of the land that was set for the investment, he earned a net profit of 735000 where (1000000-(250000500010000). Therefore, with this, there is an introduction of the capital gain tax CGT that was brought up in 1985 and is usually stated in the part IIIA ITAA36. The CGT is also introduced because the asset is being disposed of. Emma incurred several tax expenses during the purchase of the land, therefore gets included in the expense payment benefit. This kind of expense is fully dependent on the external payment of the expense benefit. Emma took a loan amounting to 32000 so that she could complete the purchase of the land.

The borrowing expenses are stated in section 25-25 ITAA97, where the eliminations that are rendered for the expense that is incurred on the loaned money is used for the benefit of giving assessable income (Musgrave R.A 1989). This amount based on the section is usually deductible in the period that the borrowed amount is stated to be paid. Similarly, in the section amounts that are lesser than 100 are fully deductible in the year that the loan is given. During the ownership of the land, her council rates, legal and water bills and the insurance premiums totalled to an amount of 22000(Wei S.J 2000). In the substantiation (division ITAA91) states that and individual owning a property is required to state the expenses incurred during his purchase of the property, he can, therefore, claim for the deductions during the sale of the property(Moore J.B 1906). This evidence should be in the form of a receipt or an invoice and should state the amount of the expenses, the nature of the service, and the dates that the expenses were incurred. In the division, some exemptions that are usually made where substantiations are always not required for expenses under 300 a year. In January 2005 a dispute occurred with the neighbour over the use of land and hence the legal fees that she incurred amounted to 5000 to resolve the dispute (Akehurst .M 1972). There is some capital gain tax that may bring gains or loses a good example in this case where a dispute aroused. This is contained in division 104 ITAA97, the capital gain tax of event A1 to the event L8. The major capital gain tax scenario is A1 which entails the use of disposable assets in this case land. In the capital gain tax applied on separate assets that are adjacent are usually treated separately. Before Emma placed the land for sale, she used 27500 to remove large dangerous pine trees that were on the land.

It cost her 25000 for the legal, advertising and the agent fee to sell the land (Avi Yonah R.S 1995). The capital gain tax CGT under section 25-5ITAA97 describe the tax-related expenses. This where the taxpayers are allowed removals to a point where the expenses got from handling the tax affairs. Similarly, on section 25-10 ITAA97 it speaks about the repairs that may be incurred. In this case, is the scenario where Emma had to remove some trees that were bad in the land The section goes ahead giving conditions on the circumstances under which the repairs need to be done. They are the restoration of an asset to its normal condition without altering with any character. The sale of Emmas 1000 shares in Rio tin for 50.85 per share (Doernberge et al 2001) Emma paid a brokerage fee of 2on the sale. Emma initially purchased the shares of 3.5 per share in 1982. The rules for calculating FBT part XIA FBTAA (section 135A-section 135L) the shares are calculated by references to based year. A good example is the section 27-5 ITAA97 that denies a reduction to the extent that more loses are included. Share that is to be sold are usually written in the taxpayers accounts, For the benefit of the ant avoidance rule, it usually applies to ensure the correct transfer of shares is done. The sales stamp purchase by Emma from a private collector for 60000(Wei S.J 2000). Emma sold it at 50000 minus the auction fee that was 5000. In this transaction are made a total loss of 15000 that is (60000-50000-5000). In these events, the lose she made is not deductible in the event that she sold the property acquired. Therefore, the deduction may not be exposed by the FBT under section 8-1 ITAA97. Emma also sole a piano that she initially bough at 80000 for 30000. In this transaction we are talking about the sale of a commodity that is depreciating in its value. This is because the keyboard was bought in 2000 and therefore being sold in 2015 its there for the piano had a depreciation value of 2.5 on an annual basis in the 15 years (O Hear M.M 1989).

References

Wei, S.J., 2000. How taxing is corruption on international investorsReview of economics and statistics,82(1), pp.1-11.

Musgrave, R.A., 1989.Income taxation and international mobility. MIT press.

ChGraetz, M.J. and OHear, M.M., 1996. The original intent of US international taxation.Duke lJ,46, p.1021.oi, F.D. and Meek, G.K., 2008.International accounting. Pearson Education.

Avi-Yonah, R.S., 1995. Structure of International Taxation A Proposal for Simplification.Tex. L. Rev.,74, p.1301.

Doernberg, R.L., Razin, A. and Sadka, E., 2001.International taxation in a nutshell. West Group.

Akehurst, M., 1972. Jurisdiction in international law.Brit. YB Intl L.,46, p.145.

Avi-Yonah, R.S., 2007.International tax as international law an analysis of the international tax regime. Cambridge University Press.

Moore, J.B., 1906.A Digest of International Law..(Vol. 4). US Government Printing Office.

Christians, A., 2007. Hard law, soft law, and international taxation.Wis. Intl LJ,25, p.325.

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Individual Assignment

LAWS20060 – TAXATION LAW OF AUSTRALIA

Name

Student ID:

Professor Name:

University Name:

Date

Question 1

A). TR 2018/4 contains new effective life of depreciating assets under s40-100 of ITAA 1997 and started being applicable from 1st July 2018.

b). details of tax offsets are contained in Income Tax Assessment Act 1997 Division 376

c). for 2018/19 tax year, the top tax rate applicable to resident is 45% for income threshold of $180,000 and over

d). Capital losses or gains on assets obtained prior to 20/09/1985 (the initiation day of the CGT) are exempted from CGT. Legislative reference: Division 104 of ITAA 1997

e). CGT event B1 in s104-15 of the ITAA 1997 is triggered when a person go into an agreement in which the rights to enjoyment and use of a CGT asset possessed by the person is passed to another individual and the asset’s title may or will pass to the other individual at the end of the agreement. CGT event B1 s104-15 tax any capital loss or capital gain earned when the individual first obtains the enjoyment and use of the person’s assets. This CGT is only triggered when there is an agreement in which the asset title will or might pass and if the asset does not pass, capital gains or losses are disregarded.

f). the formulae enclosed in section 4-10(3) ITAA 1997 is expressed as;

Income Tax=(Taxable Income x Tax Rates) – Offsets

This formula is applied to compute income tax for a particular financial year. The initial step is to multiply the taxable income with the individual’s tax rate to establish the income tax amount on the taxable income. The taxpayer will be required to incorporate all tax offsets which will lower the total income tax as they will be deducted from the tax acquired in the preceding step.

g). the deduction of legal expenditure was reviewed by theHigh Court in FC of T v Day 2008 ATC 20-064. under s8 (1) of the ITAA 97, a public servant officer requested for a deduct in legal expenditures he spend as a result of several cases related to disciplinary charges filed by his employer against him. It is highlighted in S 8 (1) that any legal expenses spent on the production of assessable income and further, the under the Public Service Act 1922, customs officers are entitled to legal expenses deductions. However, in this case, it was ascertained that the legal expenditures were disallowed deductible based on s 8-1(2)(b) of losses or outgoings of a private nature. This ruling is significance as it outlines that costs incurred in defending conduct are not deductible as the costs were not utilized in the course of producing or gaining assessable income.

h) Marginal rate refers to a tax rate which is applied to the incremental amount of the tax base. On the other hand, the entire amount of tax a person pays divided by the taxable income is referred to as the average rate.

i). Consumption Tax refers a tax whose economic incidence relies on the consumer for instance through the increase in the cost of goods and services. It is more focused on consumption rather than earning as in the case of income tax. The goods and services tax was established in 1st July 2000. The burden of the increase in prices falls on the consumers who are not entitled to any credits. They therefore absorb the GST cost in the prices they purchase goods and services.

Question 2

a). Since Brett took a loan to pay employee wages, the interest expense is deductable. Individuals can claim deductions for expenses incurred in earning investment and assessable income. Additionally, despite the loan being secured using his personal home, Brett is still qualified to deduct home equity loan interest as the loan was primarily utilized for business purposes. Interest accrued by business owners from personal loans to fund their businesses can deducted from their tax bill and tax deductions can be claimed in personal income tax filing.

b). the mobile phone charges incurred by Julie are deductable but only the percentage used for work related calls. The current tax system allows tax deductions for most costs incurred in running businesses by reducing the taxable income. Employees who use their personal mobile phones for work related activities are allowed to claim deductions for the mobile phone charges incurred provided that the costs incurred by the employees were not paid by the employer and there are records to support these claims. Also, for employees who use their mobile phones for both work and personal purposes as in the case of Julie, deduction is allowed but only for the percentage used for work purposes. For Julie, out of the $500 spend on mobile phone charges, the only allowable deductable amount will be $300 which represents the amount used for work related purposes. However, Julie must have kept complete and accurate records to support her assumption in order to claim the deduction.

c). sec 8-1 of ITAA 1997 outlines that any costs incurred in producing or gaining assessable income or necessarily acquired in undertaking business activities of producing or gaining assessable income can equally amount to deductions. Therefore, the $1,200 sally paid to the babysitter so that she can go to work is deductable. This is because the amount paid is directly associated with the process of gaining and producing assessable income.

d). Income Tax Assessment Act 1997 - Sect 25.45 indicates that employers can deduct a loss in terms of money if the loss was causes by misappropriation, embezzlement or defalcation or theft by their employees or agents. Referencing Jerry’s case, the goods were stolen by a long term employee and therefore, the $20,000 worth of goods qualifies as allowable deduction.

e) The expenses incurred in contesting local government elections are deductable but cannot exceed $1,000 for each election contested. Based on this, $1,000 of the expenditure of $5,000 will be deductable. Also, the $2,000 used for election party qualifies to be political contributions if it was made in personal capacity.

QUESTION 3

A) By granting a lease to Brian, Andy triggered the CGT event F1 which occurs when an individual grant a lease to another person. The amount of capital proceeds from CGT event F1 is the difference between the premium of $5,000 Andy earned for granting the lease to Brian and the expenses Andy incurred in granting the lease. The CGT discount of 50% is not applicable in CGT event F1.

b) (B). If an individual acquires land an investment or for private reasons, then its termed as a capital asset and which is subjected to capital gains tax after selling the land. However, if the individual disposes the capital gains assets in a period less than twelve months, the entire capital gain is paid. But the individual can get a discount of 50 percent on the capital gain for the capital gains tax held for a period of over twelve months before selling. In this regard, all the proceedings will have a capital gain tax. The 50% discount is applicable as john has owned the land for 10 years.

(C) If an individual rents out part or their entire home; the rent money received is termed as assessable income. This implies that the rental income must be declared in the individuals’ income tax return. Also, the deductions for the associated expenses might not be subjected to the overall exemption from CGT. This also means that the individual is required to pay CGT on part of any capital gain acquired after selling or renting a home. Therefore Jamie and Olivia are subjected to pay CGT on the capital gain of $300,000 earned when they sold the house. Also, Jamie and Olivia qualify for a 50% discount as they have owned the house for over 12 months.

d) Capital proceedings for BHP shares

(12,000*$1.56)- (12,000*$0.45) = $13,320

Capital proceedings for Westfarmers shares

(5,000*$2.10)-( 5,000*$5.20) = -$15,500

Since, the 50% discount does not apply in this case as Chris has owned the shares for 11 months, the net capital gain to be included in Chris 2018/19 tax return would be a capital loss of $2,180

= $13,320+ (-$15,500) = -$2,180

QUESTION 4

(A)ATO declared that awards are non-assessable income. Therefore, if a company is awarded a prize of $2,000 for the outstanding television advert of the year, then the amount will not be included assessable income.

(B). ATO declared that rewards are non-assessable. However, the rewards which are received as part of business related activities or which are related to an individual income earning activities are assessable. In this regard, the amount which the employee remained with is assessable as it was acquired in business related activities which includes an employer and an employee.

(C). ATO declared that small gifts or rewards are non-assessable. However, gifts may amount to assessable income if they are large amounts or received as part of business related purposes Based on this scenario, an iPhone gift worth $1000 falls in the category of gifts of large and it was received from a client which amounts to a business related activity. The gift is also related to the income earnings activities of the receiver as an employers or contractor.

(D). In Australia, amounts awarded as damages for personal injuries suffered by a person in a car accident are not included in assessable income. This implies that an individual is not required to disclose the damages or the compensation payment in the assessable income as damages of this kind are not taxable. However, if an individual uses the damages award to earn income, for example to start a business, then the income earned is assessable.

(E) When an individual purchases a share and trades it for more later, then he or she makes a capital gain which is assessable. Additionally, the income received from the investment of the shares is generally assessed. In this regard, if a taxpayer buys a share during the year for $5. On the 30 June and the share currently trends at $7.50 then the income will be Assessable.

QUESTION 5

In considering Nisu situation, it is important to note that Australian income year starts from 1 July to 30 June (ATO 2017b). There are several factors outlined in the case study which are directly associated with Nisu’s residency test. First, Nisu is a foreign student in Australia from Nepal. Second, he arrived in Australia on 30th December 2018 and left Australia on 30 June 2019 without the intention of returning back to Australia. Third, Nisu had no intention of permanently residing in Australia as he intended to live in Australia for three years to study. Fourth, he does not own a permanent house in Australia as he shares a rental house with four other students. Fifth, Nisu had managed to secure a part-time job in a bookshop during his time in Australia. All these factors are essential in determining the residency of an individual for tax purposes.

Income Tax Assessment Act (1997) details the importance of determining the residency of an individual in order to assess his or her tax obligation. Specifically, these issues are outlined in Division 6 section 6.10 (“Other assessable income”) and sections 6.5 (“Income according to ordinary concepts”) of Income Tax Assessment Act (1997). For Australian residents, taxable comprises of both direct and indirect income earned from both abroad and Australia. For cases of foreign residents as in the case of Nisu, taxable income is composed of both direct and indirect income earned in Australia only. Also, it is important to define the differences in tax rates for residence and non-residence taxpayers as outlined by Income Tax Rates Act (1986)

ATO (2017) outlines four tests; three statutory tests and one common law test, which are applied in determining an Australian versus non-Australian residency of individuals. In cases where an individual passes one of the tests, the individual is considered as an Australian residence for tax purposes. The first test is a common law test of residence known as the resides test. This test defines a person as a resident if he or she resides permanently or for over considerable period in Australia. The dynamic which outlines the concept of residing are outlined in cases such as IRC v Lysaghtand Levene v IRC and as well in TR 98/17 (1998). If a person does not pass this general and primary test for defining Australian residency for tax purposes, other three statutory tests are applied.

The 1st statutory test is the domicile test. This test requires individual to indicate their permanent home is in Australia in order to be considered a resident. If a person has a permanent home outside Australia, therefore the person is considered to be a non-residence for tax purposes even when he or she has the intention to return to Australia. An expression of the domicile tests is reference in IT 2650 and Applegate’s case.

The 2nd test is the 183 day test. This statutory test of residency determines residency according to the number of days a person is present physically in Australia for a certain income year whether continuously or with breaks. Paragraph 37 and 38 of TR 98/17 states, “in most cases, if individuals are not residing in Australia under ordinary concepts, their usual place of abode is outside Australia.” However, “there may be situations where an individual does not reside in Australia during a particular year but is present in Australia for more than one-half of the income year (perhaps intermittently) and intends to take up residence in Australia.” The third test is the superannuation test which covers Commonwealth government employees working at Australian posts abroad. Under this test, these employees are deemed as Australian resident.

Using the above tests, it can be determined whether Nisu is a resident of Australia for tax purposes for the 2018/19 income year. Based on the ordinary test, Nisu does not reside in Australia as he does not reside their permanently as his permanent home is in Nepal and he intended to live in Australia to study a course which would take 3 years. Additionally, he has neither lived in the country for a considerable period of time as he has stayed for six months and his intentions are not settle in Australia permanently. Therefore, based on this test Nisu is a non-resident which is further reinforced by rulings of cases such as Miller v FCT (1946) and Levene v IRC (1928).

Moving to the other statutory tests, the domicile test indicates that Nisu is a non-residence as he does not own a permanent residential home in the country. The case study has indicated clearly that Nisu has no permanent home in Australia as he shares a rental house with his friends and his permanent home is in Nepal where his family lives. This test outlines that an individual with their permanent home outside Australia are considered as non-residence for tax purposes. Considering the 183-day test, Nisu stayed in Australia for 182 days (from 30 December 2018 to 30 June 2019) and therefore, he is a non-resident for the 2018/19 income year. This is because Nisu spent fewer days in the country than the required 183 days to be qualified as a resident for taxation considerations. Since the superannuation test is not applicable to Nisu case scenario, it can be concluded that Nisu is a non-resident for the 2018/19 income year.

Bibliography

Article/Books

Sadeiq, K., Coleman, C., Hanegbi, R., Jogarajan, S., Krever, R., Obst, W., & Ting, A. (2013). Principles of taxation law 2014. Australia: Thomson Reuters

Legislations

Income Tax Assessment Act 1936

Income Tax Assessment Act 1977

Income Tax Rates Act 1986

Public Service Act 1922

TR 98/17

TR 2018/4

Cases

IRC v Lysaght [1928] AC 234.

Levene v IRC [1928] AC 217.

FCT v Applegate (1979) 79 ATC 4307; 9 ATR 899.

Miller v FCT (1946) 73 CLR 93.

FC of T v Day(2008) ATC 20-064

Others

Australian Taxation Office, ATO Advice Products (Rulings) (2018) Ato.gov.au https://www.ato.gov.au/general/ato-advice-and-guidance/ato-advice-products-(rulings)/

Australian Taxation Office, Residency tests, <https://www.ato.gov.au/Individuals/International-tax-for-individuals/Work-out-your-tax-residency/Residency-tests>.

Australian Taxation Office, Taxation Ruling TR 98/17,<https://www.ato.gov.au/law/view/document?Docid=TXR/TR9817/NAT/ATO/00001

Australian Taxation Office,Lodging your tax return, <https://www.ato.gov.au/Individuals/Lodging-your-tax-return>.

Australian Taxation Office, Taxation Ruling IT 2650, <http://law.ato.gov.au/atolaw/view.htm?Docid=ITR/IT2650/NAT/ATO/00001>.

ATO. (2019). The discount method of calculating your capital gain. Retrieved from https://www.ato.gov.au/General/Capital-gains-tax/Working-out-your-capital-gain-or-loss/Working-out-your-capital-gain/The-discount-method-of-calculating-your-capital-gain/

ATO. (2019). Capital gains. Retrieved from https://www.ato.gov.au/General/Capital-gains-tax/

Individual Court Attendance & Written Court Report

Individual Court Attendance & Written Court Report

Student’s Name

Institution

Introduction

I attended a court session at the Supreme Court of the Western Australia State. The Supreme Court is the highest court in Western Australia with the jurisdiction to handle both the criminal and civil matters. Mitchell (2019) pointed that the Supreme Court has two divisions, the criminal and civil division and therefore, the structure of the divisions is distinct. It has the court of appeal and the general divisions. The court of appeal handles issues of appeal from the district courts and tribunal related matters. The general divisions deals with serious criminal matters such as robberies, murder, serious breaches of Commonwealth drug enforcement laws and the civil matters where the amount involved is more than $750.000 CITATION Mag191 \l 1033 (Magistrate Court proceedings, 2019). The Supreme Court of WA is an open court where anyone is allowed to walk in and hear cases going at the court. The Supreme Court consists of judges, solicitors, defense counsel and the prosecutor. There are also witness, respondents and the jury. The composition of the court session or proceedings is determined by the type of case whether it is criminal or civil the composition of the session would be different.

The court opens at 10:00 and therefore, the hearing of the case started at 10:45 am on the 3rd September 2019. The presiding judge was Justice Michelle. The case was between Hoang Diep Nguyen as the Appellant the State of Western Australia as the respondent. Hoang Diep Nguyen v. the State of Western Australia was a criminal law appeal against the sentence issued by the district court against Nguyen for participating in the cultivation of cannabis with intends to sell for profit and fraudulent appropriation of power. The case was a criminal case appeal and therefore, it was presided over by a single judge, Honourable Justice Mitchell. The Counsel involved in the matter was Mr. SR McGrath as the appellant, Mr. JA Scholz as the respondent and the solicitors were Morris Law Pty and the respondent was the Director of Public Prosecutor (WA). The appellant was Nguyen and the defendant was the State of Western Australia because Nguyen launched an appeal against the early ruling which imprisoned him.

The Appellant (Nguyen) was accused by the State of Western Australia for participating in cultivating and processing of cannabis for supply and sale and providing an assistant on power fraudulent used for the processing of cannabis. It was argued by the state that the appellant knew what he was involved into and therefore, he committed the act knowing. It was argued by the state that the appellant (Nguyen) should be held accountable and therefore, the earlier ruling should be held. The appellant (Nguyen) made a frantic appeal before the judge, arguing that he was sentence in a group without considering his plea of separate hearing because of being young and not knowing the act was involve into. However, during the hearings of the case, Honourable Justice Mitchell, the presiding judge, used the section of 360 of the criminal code act, the Misuse of Drug Act 1981 (WA) to issue verdict. The Judge also used the 9AA of the sentencing Act 1995 (WA), which provide 10% discount on sentencing. The presiding judge, Honourable Justice Mitchell applied the act to reduce the imprisonment terms issued by the district court. However, during the court session or hearing, the judge used the precedent from the case “of Kabambi v The State of Western Australia, and Rillotta v the state of Western Australia and the case regarding the Lee v the state of Australia,” to make decision whether the appeal made by the appellant should be considered. The judge, persecutor, defense and the solicitor used the cases consistent to provide detailed explanation on the route the case should take to lure the judge to make a sound decision.

The presiding judge made a ruling that the appellant (Nyuyen) knowing committed an offense and therefore, immediate sentence should be applied. It was also decided that the fact that the appellant (Nguyen) is young and apologetic it warrant reduced sentence. Further verdict issued by the judge are the appellant should be held liable against his actions and the damages caused. The judge therefore, agreed with the district court that the (appellant) Nguyen knowing committed a crime and therefore, deserve immediate imprisonment as early issued the district court.

However, the outcome of the hearing was consideration of the early request made by the appellant. The judge agreed with the district court that a crime was committed by the appellant and therefore, immediate imprisonment was warranted. The judge also considered the appeal made by the appellant that he played a minor role compared to the rest of the colleague sentenced together with. The judge also made an observation that the appellant was very remorseful and young and therefore, he deserve a lesser sentencing compared to the others and therefore, the judge reduced the sentence which was early issued to the accused. The judge therefore gave the appellant (Nguyen) a six (6) months imprisonment for involving in production of cannabis for supply and ten (10) months for fraudulent of power. In total the judge issued sentence of sixteen (16) months imprisonment for the appellant (Nguyen). The appeal helped the appellant to get a reduced sentence compared to what had been issued earlier.

The disputed issue during the hearing was whether the immediate imprisonment of the appellant was warrant. The contentious issue was whether it was open for the sentencing judge to make a conclusion that it was very inappropriate to conditionally suspend the sentencing which was imposed. It maximum penalty for the crime was also in contentious. The defense and the prosecutor disputed the sentencing as less and should be rechecked. The sentencing of the appellant was also disputed with the defense attorney arguing that the judge failed to consider appellant plea or individual consideration in judgment instead of being judged together with other offenders. It was there argued by the prosecutor that the immediate imprisonment is the best and most appropriate for the crime committed by the appellant.

In summary, the Supreme Court hearing was a criminal case of “Nguyen V The state of Western Australia.” The appellant was accused of participating cultivating cannabis for supply which is illegal. The judge made a ruling that Nguyen participated in an illegal act and therefore, he was imprisonment for a period of 16 (sixteen) month. The sixteen month was obtained after appeal was table that at the time of crime, Nguyen as a youth and he was very remorse for the act he committed. Due to remorse and youthful, the judge deciding to give him 10% deduction on the sentencing and this made him to get less months in imprisonment than earlier decision made by the judge of the District court of the lower division. Throughout the hearing of the case, the laws, including the acts such as sentencing act of 1978 (WA) and misuse act were used by the judge. It provided the direction which the case took and therefore, the judge could make a sounding decision regarding the case. These also provided help to the judge and the prosecuting team to make a ruling based on the law to ensure that justice is served. In short, the plea for appeal was granted by the Supreme Court, which made other judgment to be made appropriately.

Bibliography

BIBLIOGRAPHY Magistrate Court proceedings. (2019). Magistrates Court of Western Australia. https://www.magistratescourt.wa.gov.au/G/going_to_court.aspx , 2-15.

Mitchell, J. (2019). JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA. See s 80(5) of the Sentencing Act. , 2-15.

Supremecourt. (2019). Supreme Court of Western Australia. https://www.supremecourt.wa.gov.au/V/visiting_court.aspx , 2-15.

https://www.supremecourt.wa.gov.au/T/the_people_in_the_court.aspx?uid=2179-7969-9562-4687

https://www.supremecourt.wa.gov.au/default.aspx

Individual Project

Individual Project

Brandon Gardner

[Institutional Affiliation(s)]

Author Note

Individual Project

Branches of the Government

The Federal Government of the United States consists of three branches: executive, legislative and the judicial branch. Each branch has its particular responsibilities and powers while working in tandem with other branches. The Executive Branch is administered by the U.S. President who enforces the laws enacted by the Legislative Branch. U.S. citizens who are above the age of 18 elect the president by voting after which the electoral college elects the president. The Congress is part of the legislative branch and is further divided into the House of Representatives and the Congress, whose task is to decide whether certain proposed bills or ideas should become part of the law. The Judicial branch comprises of the Supreme Court, the highest court, and has its specially appointed judges whose role is to interpret laws in light of the U.S. Constitution CITATION Ste10 \l 1033 (Mount, 2010). The federal government is separated into three branches because of the idea of separation of powers, which is based on distributing power and authority among various branches to maintain check and balance, and to prevent one part from becoming too powerful, which in turn, helps prevent abuse of power and protect individual freedoms.

Furthermore, the U.S. Constitution, through the doctrine of federalism, divides powers between the state governments and the Federal Government. Although certain powers are allotted to the federal government, states are free to form their own laws if they do not violate the U.S. Constitution. Due to federalism, the criminal justice system varies from state to state, with one system in place at the federal level. This leads to a decentralized form of justice system in which crime policies among individual states can differ according to what their own legislatures deem effective and appropriate CITATION Bai06 \l 1033 (Baier, 2006). Moreover, there is significant variation, at times, between the federal and the state government with regards to the nature and severity of sanctions and punishments for criminals.

Criminal Justice System

There are several components to the U.S. criminal justice system. The law enforcement branch includes personnel who are primarily tasked with crime prevention along with emergency response, criminal investigations or traffic citations. They are responsible to enforce federal, local or state laws, thereby maintaining law and order. Another component of the criminal justice system is criminal courts that exist to hold a due process by which a criminal is sentenced for punishment after a careful examination of the facts. These punishments can include imprisonment, fine, probation or any other sanction as defined by law. These courts handle cases anywhere from business disputes and crime. Civil courts deal with lawsuits that people can file over another in violation of torts, rights violations, juvenile issues or family laws. For instance, they handle cases regarding guardianships or probate cases. Another component of the system are corrections that are responsible to manage those sentenced individuals who are serving their sentences. They are required to help these criminals becomes law-abiding citizens upon release in order to prevent them from committing further crimes.

As a result of federalism, both the state and the federal governments have their own courts that have certain differences in the cases they hear, their structure, and their judicial selection. Federal courts are directly established by the U.S. Constitution while courts at the state level are ‘general jurisdiction’ courts. They are responsible to handle all cases that are not meant for federal courts, and they interpret state laws just as the federal courts are able to interpret federal laws. Most day-to-day cases are filed in state courts that have to do with crimes, civil lawsuits, and litigation, whereas federal courts hear cases on issues such as federal tax violations, social security claims, resolving inter-state disputes, or those that involve international trade or foreign governments CITATION USC18 \l 1033 (US Courts Gov, 2018). Consequently, it leads to a decentralized form of criminal justice system based on federalism.

References

BIBLIOGRAPHY Baier, G. (2006). Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada. Vancouver, BC: UBC Press.

Mount, S. (2010, January 24). Constitutional Topic: Separation of Powers. Retrieved February 21, 2019, from U.S. Constitution: https://www.usconstitution.net/consttop_sepp.html

US Courts Gov. (2018). Comparing Federal & State Courts. Retrieved February 21, 2019, from United States Courts: https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts

Innocence Paper

Erin Newton

Independent Study

Professor Bornigia

April 25, 2019

The Wrongful indictment of Darlie Routier

According to an estimate, an average person has to spend fourteen and a half year in a prison before being exonerated (Ferner, pp.1). Likewise, the United States has about 2 million people in prisons, out of which about 40,000 to 100,000 people behind the bars are wrongly convicted (Ferner, pp.2). At the same time, the research also informs that about “1 in 25 are likely innocent” on a death row (Ferner, pp.2). It was informed by Huffington post in 2015, since then exonerations are increasing in the US. A report from Texas Tribune presents that “more than 200 people have been exonerated” in 2010-2017 that is twice in number of any other state during the same time span (Greene, pp.1). However, the number remains same in 2018, Texas is showing the highest number of exonerations (Greene, pp.1).Keeping those factors in mind, it is apparent that many innocent individuals are still incarcerated, especially in Texas. Darlie Routier is one of the examples, who fell a victim to the police error, evidence mistreatment, fresh evidence, and a frail evidence used against him.

Darlie Routier was born to Larry Peck and Darlie Kee in Pennsylvania dated January 4, 1970 (“The Famous People”, N.p). However, she spent her teenage period in Lubbock, Texas where she got married to Darin Routier in 1988. They were together at High School in Lubbock. As the Business of Darin flourished, they had to move to Dallas, Texas. They made a lot of money and Darlie would spent it on various luxury items. Likewise, she got breast augmentation. Moreover, they also renovated their house and bought expensive cars like Jaguars. They were living a perfect life and their neighbours also admired about their living standard. Darlie was very generous to her neighbours. She would cook cookies for the children in her neighbourhood and she also helped a cancer patients with their health expenses. However, it took a turn in their life when Darin’s business got into a big financial lose. In order to overcome the crisis, they went to the bank for a loan but it was of no use. They got rejection and day by day the tax money and their mortgage increased. Moreover, the evidence also showed that they were facing marital problems months prior to the crime.

However, few days later Ms. Routier wrote a suicide note in her diary and left a forgiveness letter to her children mentioning that it was not their fault. There are strong pieces of evidence that the couple was facing financial and marital challenges (Good, pp. 1). Darlie and Darin were having three kids. The first child, Devon was born on 1989, after a year of their marriage. Two other children were Damon and Drake. Drake was their last child, who born in 1995. Despite of their struggle with lives, Routiers were recognized as loving parents. According to the Facts and Fiction, three weeks before the incident Darin was very busy with the business matters and the family was hopeful that a sense of possible financial security is going to return. However, "In the early morning hours of June 6, 1996…Darlie Routier called 911 in hysterics, screaming that an intruder had broken into her home and stabbed her and her two sons" (Mcdonell-Parry, pp. 2).

Her two eldest sons, Damon and Devon, as well as Darlie herself, had been stabbed. Damon had already passed, but Devon was still alive when cops arrived. Darin, her husband ran across the street to get a nurse in an attempt to save Devon, but he ultimately passed away. Darlie had been stabbed in the neck near a critical artery (Mcdonell-Parry, pp. 2). However, the police investigated and convicted Darlie Routier for murdering two of her sons. The youngest son survived. Currently, Darlie Routier is 48 years old sitting on death row in Dallas, Texas and she is in jail for last 23 years. According to Darlie, she was with her two elders sons to watch and they went asleep while watching the movie. While her husband was upstairs with their youngest kid. Ms. Routier remembers one of her sons, Damon, "shaking her awake and seeing the back of a male figure walking out of the darkroom, through the kitchen and into the garage” (Mcdonell-Parry, pp. 2). According to Facts and Fiction, as well as Darlie's statement, she heard a glass break, and she ran to her utility room where she saw a knife covered in blood on the ground. She picked up the knife thinking that the man may still be in her garage and she yelled for her husband. Her husband ran down and began giving Devon CPR, while Darlie put a towel over her neck and covered Damon's back while she kept telling Damon to hang on that she was there. Paramedics arrived after Damon had passed and then, eventually Devon passed as well. Darlie also had marks on her neck, she showed it to her husband and he took her outside and paramedics put her in an ambulance (Mcdonell-Parry, pp. 2). According to her husband, Darin's statement, was almost identical to what Darlie told the police except that she claims that her husband came downstairs without his glasses on, while he says he had his glasses on.

Furthermore, there were many other errors made throughout the crime. McDonnell-Parry highlights important facts that were never exposed to the jury. Likewise, Darlie doesn’t remember the direct attacks, where she and two of her sons were stabbed, when she was taken to the hospital, while the pictures of her arms after the incidence show that there were “defensive black-and-blue bruises” all over her arms (Mcdonell-Parry, pp. 2). Later on, it was found that these photos were not shown to the jury. These photos mark that she had a fight. Questioning why she doesn’t remember the traumatic event you can turn to psychological explanations. According to the Science Daily, psychologist, McLaughlin, states that when the "brain registers an overwhelming trauma, then it can essentially block that memory in a process called dissociation". Clearly, the murder attack on Routier and her sons are traumatic events. It is possible that an individual can forget the event due to the trauma he or she faces. However, Ms. Routier had no control over the loss of the recollection of the attack that was a major factor in appealing that Routier was the guilty individual in actual, she was accused of murdering her sons and even harming herself. Another error McDonnell-Parry makes a note of, is the evidence collection. Clothes covered with blood of Darlie and her two sons were also placed in the same evidence bag, which could cause a risk of possible contamination. It caused a problem for blood splatter experts’ testimony who believed that the blood on Darlie’s clothing showed that she had stabbed her two sons. As a result, the testimony has been a topic of dispute that it is inaccurate and misleading, and the blood splatter expert’s testimony in other cases has been significantly presented three wrongful convictions (“Science Daily”, N.p).

Moreover, many people believed that police also purposely messed with the crime scene before even photos were taken. Before the crime scene had officially been secured, “at least twenty paramedics and police officers trampled through the house" (Good, pp.1). Good also points out that, in crime scene photos the pillow that Darlie had been laying on, is seen in changed positions. Likewise, there were also other items that were moved throughout the crime scene photos, such as the vacuum cleaner and towels that were covered in a blood. On the other side, Police claims that a “sliced window screen in the garage, and a bloody sock in a nearby alley – had been ‘staged’ by Darlie” (McDonnel-Parry, pp. 2).

Furthermore, the state's own expert testified that Damon was still alive when the paramedics arrived, could not have lived longer than 9 minutes. At the same time, the 911 call is recorded of 5 minutes and 44 seconds. Darlie was on the phone for that the entire time. The paramedics were held up for two minutes by police officers that were inspecting the house before they allowed them in. It gives Darlie approximately 1 minute and 16 seconds to inflict her wounds, stage a crime scene, and plant the bloody sock, 75 yards from the Routier house” (Good, pp. 1).

Similarly, another questionable aspect of this case is the fact that Darlie was never officially charged with the murder of her son Devon, while an autopsy did confirm the knife found could have inflicted Devon's wound, there was no trace of Devon's blood on the knife, this prohibited Darlie from being charged with Devon's murder because technically the murder weapon has never been found (Good, pp. 1). The motive for the murder is also questionable. The jury judged her for being a beauty pageant girl, with fake boobs, who wore flashy jewellery. All of these indicators supported against Darlie. Therefore, the jury convicted her on the fact that her motive behind this incidence was built upon due to the issues she faced in her life.

I find trouble in this motive because if she missed her prior life of being a beauty queen and her supposedly self-inflicted her wounds, why would she choose her neck, leave a massive scar and get close enough to an artery that she could have died of. She also left her youngest son alive. It is understandable that he was upstairs with her husband but she could have planned this on any other day, when all the kids were around and her husband wasn't home.

Moreover, another reason the jury supposedly convicted Darlie is based on a video made of her. In that video she is standing at one of her sons’ graves and she is there to celebrate his seventh birthday. The video shows that she is smiling, singing happy birthday to her son and spraying silly string on his grave. It happened after eight days of the murder incidence, the media made an episode out of this that Darlie didn’t care or wasn’t sad about losing her sons (“The Famous People”, pp. 2). Likewise, the video ultimately played an extreme role in her conviction. Even though her family supported her that it was a sad ceremony to celebrate her son's seventh birthday but the media failed to capture it either (“The Famous People”, pp. 2). The incidence further emphasizes on the fact that the media can have a drastic effect on the outcome of an ongoing trial. This is what, happened in Darlie’s case. Beyond all the errors that have been made throughout this case, it is an example of injustice where an innocent person is behind the bars without any strong evidence.

Darlie is on death row for many years, but she had given an opportunity to be taken off of death row but she refused. Moreover, in 2014, Ms. Routier went through a DNA test to compare to the results with a bloody fingerprint marked on the Kitchen counter at her house (“The Famous People”, pp. 3). Upon Forensic tests, the finger prints did not belong to any member from Routier family. However, in order to cover it, Darlie was offered by the police to admit the murder her sons and she could be taken off from the death row. She refused to admit it. On the other side, Darlie’s husband lost the custody of their son because he continuously supported his wife. In the long run, her family has also shown their support to her throughout these years. Currently, they are now on their third rounds of more extensive DNA testing being done on the crime scene.

Based on the police errors, weak motive, jury error, and her reputation within the community give me a reason to believe that Ms. Routier is innocent. Ms. Routier and her attorney Cooper are currently seeking for a new trial. Twenty years have already passed but she still remains on a death row.

Works Cited

“Famous People”. “Who Is Darlie Routier? Everything You Need to Know.” Facts, Childhood, Life & Crimes of Murderer, www.thefamouspeople.com/profiles/darlie-routier-35030.php.

“Science Daily”. “Can You Unconsciously Forget an Experience?”, ScienceDaily, 9 Dec. 2016, www.sciencedaily.com/releases/2016/12/161209081154.htm.

Ferner, Matt. “A Record Number Of People Were Exonerated In 2015 For Crimes They Didn't Commit.” The Huffington Post, TheHuffingtonPost.com, 3 Feb. 2016, www.huffingtonpost.com/entry/exonerations-2015_us_56ac0374e4b00b033aaf3da9.

Good, Anne. “Justice: Denied The Magazine For The Wrongly Convicted.” Justice Denied - The Magazine For The Wrongly Convicted, justicedenied.org/darlie%27sworld.htm.

Greene, Sydney. “Fewer Exonerations in Texas' Harris County Drove National Rate Lower Too, Study Finds.” The Texas Tribune, Texas Tribune, 14 Mar. 2018, www.texastribune.org/2018/03/14/study-finds-harris-county-decreased-exonerations-last-year/.

McDonell-Parry, Amelia. “5 Convicted Murderers Who Might Actually Be Innocent.” Rolling Stone, 25 June 2018, www.rollingstone.com/culture/culture-lists/5-convicted-murderers-who-might-actually-be-innocent-126697/scott-peterson-195315/.

Institution Clients

Institution Clients

Your Name

Institution

Question 1

Identify 3–4 of William Marks’ risks and needs that could be addressed while he is in custody.

William is convicted for assaulting an individual the assault results into a serious injury. William is in police custody for convicting a violent crime. He is charged for assaulting an individual, resulting in serious injuries to the victim. William also has a history of drug abuse and has mental health issues. In my opinion, violence and mental illness go hand in hand. For addressed risks and needs in the custody of William, we have to consider both dynamic and static risk factors CITATION JMo06 \l 1033 (Monahan, 2006). Static factor includes a history of violence and drug abuse. In addition, the dynamic factor includes employment and education status of the William.

Safety of other cellmates is threatened due to the presence of William in the facility. There is a great chance that William will cause violence within the prison due to the history of his mental illness. In addition to the safety of inmates, William can also be a threat to prison guards and officers. William is also a dropout, which predicts antisocial lifestyle. William also has a history of mental health issues and had never been treated. With his history of depression, being prisoned may worsen the mental health of William. There are four overlapping dimensions in William’s case; antisocial life, drug abuse, psychopathic personality, and history of violence. These dimensions are the factors which predict more violence in the future.

After assessing risk and need, the next important step is to manage those risks and needs. Two strategies can be used to manage the risk associated with imprisoning William. The first strategy is the preventions, which includes restricting communication with former violent associates CITATION JAu04 \l 1033 (J Austin, 2004). Next strategy is to monitor the violent inmate like William. This strategy can prevent violence before it happens. When William is being monitored, the security guards can predict his violent move.

Question 2

Based on options in your selected state, what programs could he participate in while in custody?

William has been convicted for assaulting an individual in the state of Washington DC. There are various programs available in the state for criminals like William. William crime and his mental health are associated with his low education. Lack of self-esteem, low education, and need getting an identity may result in joining a violent gang in a prison. According to international standards, prisoners should be offered an opportunity to complete his education. Being a dropped out of High school, William should complete his education within the prison. William can also benefit from the Prison libraries.

William should also participate in a program to prevent offending. The program is available in state prison, and it addresses psychological causes which led to the conviction. The program provides various therapeutic strategies which help William overcoming his mental health issues. Cognitive and person-centered therapy is recommended for William CITATION MMc10 \l 1033 (M McKenzie, 2010). Two issues can be addressed using this program; the first issue is his mental health which resulted in depression, second, his addiction to drugs. This program will improve William’s personality. William should be actively indulged in physical activities such as sports and exercise. This would help him regenerate back into the community once he is out of the prison. This would help him calm and relax but gain quality in life. A regular program targeting physical activities lead to lesser violent tendencies psychologically and help him out of the depressive phase in his life. Experts suggest that is a direct correlation with physical activity and a decrease in crimes once he is out of the prison.

Religious programs can also help William in straightening up his life. William should join a religious counseling group. In state prison, there is usually a chaplain who manages a religious group, by providing counseling to troubled inmates. These counseling can help William in reinstating is faith and also seeking forgiveness for his misconducts.

References

BIBLIOGRAPHY J Austin, K. M. (2004). Classification of high-risk and special management prisoners: A national assessment of current practices.

M McKenzie, A. N. (2010). Overcoming obstacles to implementing methadone maintenance therapy for prisoners: implications for policy and practice. Journal of opioid Managment. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2936228/

Monahan, J. (2006). A jurisprudence of risk assessment: Forecasting harm among prisoners, predators, and patients.

Introduction To Criminal Justice Ethics



Introduction to Criminal Justice Ethics

[Name of the Writer]

[Name of the Institution]

Introduction to Criminal Justice Ethics

Introduction

The role of the correction agency is to take the responsibility of protecting the population from the dangerous people. The role can be achieved by different means such as incarceration and probation. The main role of correction agencies is to keep society safe from the individuals who have committed crimes. In this case, a correction officer was discussed who was working in the county jail for seven years. He was described as a dedicated, competent and respectful employee. His life started to become miserable because of his personal problems. On a particular day, Officer lost control and slapped one of his inmates because he was irritated due to his personal issues. After the incident, the officer was asked to visit the superintendent office. He admitted in front of superintendent officer that it was his mistake and he deserves to be fired or let him give resign. The report is given to me, and I have to make a decision on this issue.

Discussion

The code of ethics is that a correction officer shall maintain mutual respect in their relationship with other inmates of the department of correction. Members shall be fair in their role with other inmates, and they shall treat them with dignity and respect. Members shall not abuse with other inmates. They are not allowed to use their position for personal gain. Members shall avoid any unethical behavior that could affect inmates, employees, or the integrity of the department. Members are not allowed, and they are not allowed to attack anyone (Bales, 1997) physically. In this case, a correction officer physically attacked and used unethical behavior which is against the code of ethics. Correction officer needs to be punished according to the law.

A correction officer who found to violate the code will be given harsher punishments. In this case, what correction officer did was completely unethical and against the code of ethics. He should be fired from his position immediately because anyone who breaches the code of ethics should be given punishment. The officer should not be allowed to give a resign, and he should get termination because it will give him a lesson and create a bad impact on his personality. He might not be able to find a new job if he gets fired from the company. The officer should also face court action as he violated the code of ethics of the agency and he should be punished according to the law (Principles of professional conduct, 2019).

Officer may be having problems in his personal life, but it has nothing to do with the institution. He should resolve his problems at his personal level and control his frustration. No member is allowed to show his irritation on an inmate. I will do more counselling which will benefit the man who was slapped. Everyone makes mistakes, but as individual this will give officer learn a lesson and grow up. The institutional subculture will guide my decision in a way that every member will be given a punishment if they will breach the code of ethics. Every member in future will not make any mistake like connection officer (Sackmann, 1992).

Conclusion

Everyone decision should be a fair decision according to the code of ethics. Connection officer breached the code of ethics and deserved to get fired from the institute. The decision will give the officer a life lesson on how to have self-control. The decision is made according to the code of ethics. Personal problems of someone have no concern with the institute so at the office it will be the duty of the officer to be calm and perform his duties according to the code of ethics.

References

Bales, D. L. (Ed.). (1997). Correctional officer resource guide. Amer Correctional Assn.

Principles of Professional Conduct | CorrectionalOfficer.org. (2019). Correctionalofficer.org. Retrieved 5 January 2019, from https://www.correctionalofficer.org/professional-conduct

Sackmann, S. A. (1992). Culture and subcultures: An analysis of organizational knowledge. Administrative science quarterly, 140-161.

Jack Ryan

Jack Ryan

Your Name (First M. Last)

Date

Jack Ryan

Introduction

Jack Ryan is one of the popular crime thrillers that get instant attention of viewers in no time. These particular TV series refer to the consideration of the critical investigation method to get access to the main problem. It is worthy to mention that the particular series of Tom Clancy’s Jack Ryan is one suitable choice to keenly observe the investigation structure adopted by the C.I.A. agent ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"8io7MAGG","properties":{"formattedCitation":"(Hale, 2018)","plainCitation":"(Hale, 2018)","noteIndex":0},"citationItems":[{"id":1687,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/A9W5ZPB9"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/A9W5ZPB9"],"itemData":{"id":1687,"type":"webpage","title":"Review: Meet the New Jack Ryan, Same as the Old Jack Ryan","container-title":"New York Times","author":[{"family":"Hale","given":"Mike"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hale, 2018). Jack Ryan appears as the main protagonist in the play who determines to investigate the matter of suspicious transactions on his grounds opposing to the concerns of his immediate boss, Greer. It is interesting to explore how the approach of Jack to handle crime is different from his boss. It is also vital to figure out the attempts of Jack to access the criminals by freezing doubtful bank accounts. Here the particular focus is to identify the victim by critically analyzing different dimensions of the problem and the entire procedure of investigation.

Discussion

Identification, Definition, and Description of the Problem

The purpose of rational investigation can only achieve by the proper identification and illustration of the actual problem. The story of this season mainly based on Jack Ryan who is working as the financial analyst for the Finance, and Arms Division of C.I.A. His task to keenly observe financial transactions around the globe ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Qqihh5gq","properties":{"formattedCitation":"(Slane, 2018)","plainCitation":"(Slane, 2018)","noteIndex":0},"citationItems":[{"id":1688,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/CP8UGUGF"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/CP8UGUGF"],"itemData":{"id":1688,"type":"webpage","title":"What Critics have to say about John Krasinski's 'Jack Ryan'","container-title":"Boston","URL":"https://www.boston.com/culture/entertainment/2018/08/31/tom-clancy-jack-ryan-amazon-tv-review-2018","author":[{"family":"Slane","given":"Kevin"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Slane, 2018). The main problem which is the focus of the entire plot appeared when Jack figure out some suspicious transaction while assessing the SWIFT which is recognized as the Society for Worldwide Interbank Financial Telecommunication for the region of Yamen. This particular development alert jack that it can be one major indication about the high-level target to consider the money for the next big attack of terrorism.

Apprehensive transaction of money for Yemen as observed by Jack Rayan can refer to the main problem that is connected with the functioning of terrorist groups in different countries of the world. Jack has its clear understanding that critical and thorough consideration of this form of transfer of money is critical to avoid the future challenge of a big terrorist attack. Monitoring of the whole scenario of the transaction helps Jack to identify the suspect in the entire case recognized with the name of Sulieman. Jack start searching about the activities of Sulieman to find out his approach to the terrorist activities. Jack Ryan has some serious concerns that Sulieman is the man who is involved in the entire process of planning terrorist activities. The intensity of the problem further established when he comes to know that Sulieman has legalized a huge amount of $9 million. This form of information makes it clear for Jack that Sulieman have some strong connection with the entire activity of doubtful transactions and the growing developments under the terrorist perspective. Considering the current situation, Jack comes up with the opinion that the account of Sulieman needs to freeze to avoid any adverse situation in future. It is important to mention this particular idea of Jack Ryan is completely rejected with the opinion that there is no proof yet to recognized Sulieman as the real target of this entire paradigm. This form of development is upsetting for Jack Ryan who anxiously involved himself with this specific problem and wants to solve it to save the future. It became a major concern for him that eventually urge him to face the challenges of the field instead of his desk job as a financial specialist working for the agency of C.I.A.

Analysis of True Dimensions of the Problem

Critical analysis of all the dimensions related to the problem of doubtful transactions is crucial to figure out the actual target of the series. This form of consideration is also helpful to evaluate the intensity of the risks involves in the case of suspicious transactions. It is important to understand that there are different stakeholders that involve the phenomenon of terrorism. Jack Ryan’s decision to freeze the account without the approval of his boss Greer is one important dimension that dramatically changes the entire facet of the investigation. This certain step of Jack become the reason of conflict between him and his boss related to the entire strategy of investigating the problem.

Greer has the opinion that they at least have a chance to closely monitor financial initiatives of the suspect. On the other hand, Jack Ryan argues that it will not be viable to sit calmly and wait for another 9/11 attack. This form of the dimension of the problem referred to as the conflicting phase in the process of investigation where Jack Ryan adopted the option of remain aggressive to sort critical concerns of terrorism. The life history of Sulieman is another crucial dimension of the entire issue which is investigated by Jack Ryan. The first episode of the series, Pilot helped viewers to get informed about the different perspectives of Sulieman who is recognized as a suspected potential victim in the whole story ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"I26iwtKE","properties":{"formattedCitation":"(\\uc0\\u8220{}Tom Clancy\\uc0\\u8217{}s Jack Ryan,\\uc0\\u8221{} 2018)","plainCitation":"(“Tom Clancy’s Jack Ryan,” 2018)","noteIndex":0},"citationItems":[{"id":1686,"uris":["http://zotero.org/users/local/lMSdZ3dY/items/EEV2S82R"],"uri":["http://zotero.org/users/local/lMSdZ3dY/items/EEV2S82R"],"itemData":{"id":1686,"type":"broadcast","title":"Tom Clancy's Jack Ryan","container-title":"Jack ryan","publisher":"Amazon Prime Video","publisher-place":"U.S.","medium":"Action, Drama","event-place":"U.S.","URL":"https://www.imdb.com/title/tt5057054/episodes","number":"1","language":"English","issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Tom Clancy’s Jack Ryan,” 2018). The life history of Sulieman better helps the audience to identify why he hates the United States of America so much. He lost his family in a bombing attack during his childhood.

Thorough understanding of current activities of Musa bin Sulieman is another significant dimension to understand the entire problem with its true prospects. Undoubtedly, he actively involved in different terrorist attempts that ultimately foster his role as the high-level terrorist suspected by Jack Ryan. The character of Sulieman referred to as a well-educated individual who is a concern to change the lives of fellow Muslims. The problem occurred because he attempts the approach of manipulation and violence to meet his objective. He brutally affects the lives of many people in different incidents of terrorism.

Investigation of Handling of Victims

The investigation is one major part of the whole perspective to identify the actual convict. The particular perspective of investigation is also a major feature of the series of Jack Ryan. Different strategies considered by Jack to reach the actual suspend and save the world from the risk of terrorist attacks in future. When it comes to the understanding of the investigation methods used in the series to handle the victim than episode 2, French Connection is vital to consider. It is the successful transition of the investigation process of the first episode that indicated about the interrogation conducted by Greer and Jack in Yemen. During the interrogation process, they both faced the incident of terrorism that helped him to recognize one man as Musa bin Sulieman. Jack comes up with the opinion that Sulieman was not part of ISIS.

Greer attempt to take cell phone of Sulieman and asked for the passcode is another critical step of the entire procedure of investigation against the suspected victim. The investigation further developed when Greer and Jack come to know that Paris was a great source of money for Sulieman. The episode of Black 22 further expands the approach of investigation adopted by Jack and Greer with the collaboration of French intelligence officers. The main mission is to track down the brother of Sulieman, recognized with the name of Ali. The process of investigation helped them to find out different sim cards. Use of TracEuro for money transfer endorse the doubts of a suspicious transaction. The encounter between Jack and Ali at the gas station also play a critical role in the entire investigative perspective. Jack go after Ali and tried to get some information about the attack but he said nothing. It is critical to consider that ultimately Jack killed Ali during the fight.

Personal Recommendations to Address Victims

It is vital to critically analyze the investigative strategies adopted by the characters of Jack Ryan and offer related features of better handle the victims. Close monitoring of different interrelated aspects is critical to approach the real suspect. Pre-arrest stage of the investigation is immensely important to identify other related factors. It is critical to think that handling the case of terrorism is different from the other forms of the investigation. It involves different forms of consideration as it stakes the lives of different related entities. It is recommended that if Jack Ryan never attempt the option of freezing a doubtful account than situation can be entirely different. It is also vital to explore that Jack has a different option to interrogate Ali during the encounter to get useful information. Killing Ali restrict valuable information about the entire problem.

Conclusion

To conclude the discussion about the critical analysis of the investigating features of the well-known series of Jack Ryan, it is important to mention that it is one effective source to understand the process of interrogation of the potential target. It expands the understanding that how interconnection of different individuals leads to the problem of terrorist activities. Jack’s attempt to violate the authority of his boss and freeze account is also questionable. There is a need to assess the implication of different strategies adopted by Jack to figure out the actual victim of the series. The hidden aspects of the previous life of Jack Ryan also encourage the audience to think critically about different dimensions of the entire perspective.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Hale, M. (2018). Review: Meet the New Jack Ryan, Same as the Old Jack Ryan. Retrieved from https://www.nytimes.com/2018/08/30/arts/television/jack-ryan-review-amazon-john-krasinski.html

Slane, K. (2018). What Critics have to say about John Krasinski’s “Jack Ryan.” Retrieved from https://www.boston.com/culture/entertainment/2018/08/31/tom-clancy-jack-ryan-amazon-tv-review-2018

Tom Clancy’s Jack Ryan. (2018). [Action, Drama]. Jack ryan. U.S.: Amazon Prime Video. Retrieved from https://www.imdb.com/title/tt5057054/episodes