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Law Enforcement Operations

Law enforcement is a collective term for all professional groups of people who have a duty to keep order through crime prevention and investigation of criminal activities. There are different types and multiple levels of law enforcement bodies like Police, FBI, rangers, etc. These law enforcement bodies include officers, marshals, detectives, and agents. In the United States, law enforcement is divided into three levels. Federal law enforcement investigates the crime and enforces law at the national level. It is supervised by the Department of Homeland Security or the Department of Justice. The state law enforcement is tasked with keep peace in a particular state. Each state has its own law enforcement. But when a crime is committed across two or more states, federal law enforcement investigates that crime. The state police also perform highway patrol duties and statewide investigations. In some states, the state bureau of investigation performs criminal investigations. the third level is Local law enforcement which has the duty to keep order in a particular municipality, county, tribe or region. The local governing body empowers it to perform its duty. The main role is to enforce jurisdiction laws, run patrol, and investigate and prevent crimes at the local level. Deputy sheriffs are appointed to enforce the state laws in the local county. They run local jails, present court summons, and warrants, and also assist outside local police jurisdiction. When the investigations requirement or emergencies outspread the jurisdiction or resources of local law enforcement, the state police assist the local police. There is another category of law enforcement known as Special Jurisdiction Police. They keep law and order in the specified areas in a jurisdiction. These entities include schools, transit facilities, hospitals, parks, and other government assets and buildings. They protect a certain jurisdiction, but they perform similar duties as the local police and the officers are in full service. 

Jurisprudence

Law and International Law

[Author Name(s), First M. Last, Omit Titles and Degrees]

[Institutional Affiliation(s)]

Essay no.1

The death penalty is an admission of failure and a moral bankruptcy. It is the solution of a society that thinks that some of its citizens are lost, cannot change, and cannot be reintegrated. That it is better to eliminate them than to try to give them a chance to repair their fault, an opportunity to redeem themselves. It is a society that refuses people who have made a mistake to repent and to victims, the opportunity to forgive, or sometimes just to get an explanation. For me, it is a huge moral bankruptcy at the top of society, a terrible example given to citizens (Bedau, 1998).

The death penalty is not a deterrent. It was noted at the time that all those sentenced to death had already attended execution. The death penalty does not prevent new murders, the only reason that could justify its usefulness. The state does not have to arrogate a right of life or death to its citizens. The state is the emanation of the people, rendering justice for the people. Justice, not revenge, already. And the state does justice to protect the people.

If we should justify the death penalty, it could be (among others): to scare people to prevent them from committing crimes. But criminals who kill in cold blood generally have serious mental disorders, are never afraid of anything and that is not what will persuade them. Their place is the psychiatric hospital or the prison in perpetuity. The others usually do it in rage, and we know that rabies removes fear and blocks the brain's ability to reason normally. We can put them in jail with behavioral psychological support. A healthy person only kills to defend himself. How to punish by killing a sick person? the only healthy attitude is understanding or even compassion.

To satisfy the relatives of the victims: it reinforces the culture of revenge. Citizens will then tend to take revenge against other imperfections of their own citizens, which is futile because it does not solve the problem but it aggravates it and perpetuates the vicious circle

For political reasons such as high treason: It is sometimes the Joker card of some political regimes. So it can be used when needed, to settle accounts. Therefore, it's not necessarily in the interest of the people. It is legally unfeasible. Peru ratified in 1978 the American Convention on Human Rights, which expressly prohibits countries from extending the death penalty to crimes that were not previously contemplated in their domestic legislation. Likewise, it prevents reinstatement in those cases for which it is subsequently eliminated. Let us remember that the 1979 Constitution, after the ratification date of the convention, included the application of the death penalty only for cases of treason in the case of foreign war. Applying this sanction for additional cases would entail the international responsibility of the State for violating the treaty to which it was forced (Yelderman, et.al, 2019).

There is no single report that guarantees that the death penalty is effective in fighting terrorism, as well as any other crime. Although there are no exact figures of the crimes for which the death penalty is imposed, the United Nations points out that it is applied for crimes that are not included among "the most serious crimes" included in Article 6.2 of the International Covenant on Civil and Political Rights. Among them, the most common are drug-related crimes, but according to Amnesty International in 2017 executions were also carried out for economic, sexual or "religious" crimes. There are also no figures on executions for terrorism, although according to the organization they have been carried out in several countries, mainly in the Middle East.

Various institutions have analyzed the relationship between the death penalty and criminality. The United Nations includes in its resolutions a relevant phrase: "taking into consideration that there is no conclusive evidence of the value of the death penalty as a deterrent". For the Secretary General of the United Nations "to stop crime, the objective should be to reform the justice system in order to ensure that international human rights law is complied with and is more effective and humane". It is, therefore, symptomatic that there is no scientific evidence to show that the death penalty is dissuasive. A fact that is corroborated by not applying this penalty in the safest countries in the world or the constant that in the United States and in the countries that impose the crime rate is not lower compared to those who do not (Banner, et.al. 2009).

The special rapporteur on extrajudicial, summary or arbitrary executions of the United Nations considers that in the framework of the fight against terrorism some States may have an excessive reaction using the death penalty for conduct that is not, in any case, considered criminal (Cerna, 2019). Certain countries, usually dictatorships or weak governments and lacking the capacity to tackle political and social problems within the framework of respect for international law, can be protected by the excuse of security to commit abuses. A concern that, together with opacity and the lack of guarantees in judicial proceedings, can lead to serious violations of international law.

To conclude, the death penalty is used by some governments as an element of control of political power. Yes, in some cases. The lack of transparency and information in the application of the death penalty, being in some countries a state secret, prevents knowing if human rights are being respected. It is key because it questions the use of force by some countries crossing the limited space in which the death penalty is admitted by international law.

Essay no.2

Michael Davis claims that legislatures ought to assign a more severe penalty to crime category X (e.g. manslaughter) than to crime category Y (e.g. larceny), if and only if a license to commit (once) a crime in category X would “sell” for more than a license to commit a crime in category Y. He also claims that, for the most part, existing penalty schedules in the United States reflect this rationale. It is a concrete example of this inheritance is the death penalty, an American exception in the context of developed nations. The persistence of the death penalty as a habitual form of punishment is one of the most dramatic examples of how the consequences of slavery continue to shape our society.

Michael Davis explains, Capital punishment survived the abolition of obsolete forms of corporal punishment by becoming part of the laws of slavery. That is why it is a completely racist institution, not only because it is disproportionately directed against black people and people of color, but it is also an institution inherited from slavery.

The reform of a penal system that has grown disproportionately since the hardening of sentences of the eighties and nineties is already among the priorities of both parties, with notable advances at the state level in California and Texas. Michael Davis, nevertheless, continues betting by the abolitionism of the prison system. "After decades of radical organizing and academic research, the crisis of prisons and police violence have finally become matters of public discourse," he argues. But "the consensus has developed from reforms that are presented as capable of 'fixing the system'. The abolitionists consider that it is not a matter of making minor, or even large reforms, but of dismantling the system and rebuilding criminal justice and police systems,

"The prison industrial complex," he continues, "consists of a series of relations between prisons, police, companies, media and the Government. Dismantling it requires more than laws. " For Davis, overpopulation is the consequence of a neoliberal approach focused on the benefits of the industry. "The prison industrial complex is a global phenomenon with ramifications in Africa, Latin America and Asia." The texts that are now presented in Spain are written before something unthinkable happened in the United States. In January 2009, a black man was sworn in as president of the country. For someone who was at the beginning of movements like the Black Panthers, in these seven years the presence of Barack Obama in Washington "has had a profound impact on perceptions about race and racism." "We have just embarked on a national conversation after several failed attempts, first during the Clinton presidency, then during Obama's election campaign and the first period of his presidency (Kaplan, 2019).

Unfortunately, Obama has been held back by powerful critics who equate any attempt on his part to discuss race with his personal concerns as the first black president. " Davis does not believe that racism against blacks and that suffered by Hispanics have the same deep causes, but that his reaction could be similar. "Even though the history of Latinos and blacks intersects, including the fact that a significant number of Latinos are of African descent, there are differences. Just as colonization and slavery are different, but deeply historically related, those people whose ancestors were the object of these forms of repression suffer different forms of oppression.

Bringing these two communities together in movements against racism requires, for example, a greater commitment in the black communities to support the rights of immigrants.

This is necessary because our judicial system is now seriously ill. This system only fills from time to time what should be its primary function: to protect honest people, to punish the wicked. Today, in US, it is legitimate to say that justice creates insecurity, as documented in detail a very good book recently published (Khan, & Singh, 2018). But if our justice system is so bad, the first reason is that those who administer it have lost the conviction that it is normal, that it is fair, that it is morally necessary to punish criminals for height of their crime. The idea that a criminal deserves punishment seems definitively out of fashion in the judicial circles, and what has replaced it is rather "a penal dogmatism characterized by an epidemic reticence to punish" even the worst criminals. With the consequences that we can see almost daily.

Davis address those problems as that from this point of view, the abolition of the death penalty is both the culmination and the keystone of this "penal dogmatism" which refuses to punish the wicked, because the fundamental justification of the death penalty has always been its character proportionate to certain crimes (Davis, 1984). Even if grounds for deterrence or prevention of recidivism can be advanced to defend the ultimate punishment, the most decisive reason for executing certain criminals is that only this punishment is commensurate with their crimes.

A judicial institution no longer inhabited by the conviction that justice demands that wicked suffer for their crimes be an institution that will soon be dominated by the most consistent and determined of its members, by those who will all the consequences of the refusal to punish, and thus turn their outrage against ordinary people who persist in demanding that criminals suffer for what they have done. To put it in less abstract and more terms, a judicial institution that has abandoned the idea of ​​deserved punishment is an institution that will inevitably be dominated by the ideas of the Judicial Union.

We are here today. And everything leads us to think that our situation will really improve only when the retributive conception of justice has regained its nobility. The possibility that some criminals deserve to be executed is something we need to consider again if we are to hope that one day our justice system will return to normal. Whether or not the death penalty is once again part of the judicial arsenal is secondary. The bottom line is that the principle justice is recognized: some criminals deserve to die. Should not we detail the physiological effects of the execution, for example, the blood that gushes forth, the body that shudders and continues to waver once the head is cut, and so on?

The death penalty is a terrible punishment, regardless of how it is inflicted. This is not naughty.

Why then want to talk about it? This seems all the more unjustifiable because, in France, any debate on this subject seems totally useless, if not impossible. If there is one opinion that is unanimous among the French elites, it is the one according to which the abolition of the death penalty is what separates civilization from barbarism.

From the experience of half a century of activism and academic work, Angela Davis does not believe that societies in which people are ideally blind to colors are possible. "I do not think we should fight for a society in which the race is completely absent. In fact, I do not think it is possible to reverse the development of history, to pretend that slavery had never existed, as if the colonization of the Americas, Africa or Asia had never happened. " But one can still aspire to a society "free of racial hierarchies, racial inequalities or racial violence. It is racism that we must expel from our societies.

References

Bedau, H. A. (Ed.). (1998). The death penalty in America. Oxford University Press.

Banner, S., & Banner, S. (2009). The death penalty: An American history. Harvard University Press.

Davis, M. (1984). Setting penalties: What does rape deserve?. Law and Philosophy, 3(1), 61-110.

Cerna, C. M. (2019). The Abolition of the Imposition of the Death Penalty on Persons who Were Juveniles When They Committed Their Crimes. Human Rights Quarterly, 41(1), 143-159.

Khan, M. A., & Singh, A. (2018). Death Penalty in a Fallible Criminal Justice System. IUP Law Review, 8(2).

Kaplan, P. (2019). The Death Penalty. The Handbook of Social Control, 333.

Yelderman, L. A., West, M. P., & Miller, M. K. (2019). Death penalty decision‐making: Fundamentalist beliefs and the evaluation of aggravating and mitigating circumstances. Legal and Criminological Psychology, 24(1), 103-122.

Jury Instruction

Julie Alarcon

Enter the name of the Instructor

Law and International law

July 26th, 2019

Jury Instruction

To prove the violation of §846, the government does not need to prove the commission about any "overt act", which is carried as the furtherance of any conspiracy. The statute's language does not demand an overt act, and therefore, such a requirement is not inferred. It can also be observed from the Congressional silence, which shows that Congress intended to approve the common law as according to the definition of conspiracy. Therefore, an “overact” needs to be alleged or proved before the furtherance of judicial proceedings. For example, the defendant Shabani was convicted of conspiring against the distribution of cocaine, which violated 21 U.S. C §846. The District court disapproved to instruct the jury and held that the government must demonstrate the presence of an "overt act".

In this case, Ms. Smith who argue that she was merely present. The jury found that “Mary Lou Smith was driving the Chevrolet”. This shows that Ms. Smith cannot be discharged considering her vital role in the (offense). Therefore she has been found guilty by association. A similar case to this incident is Frye v. Smith. In the latter case, since the defendant was not involved in the criminal offense, but still, the Supreme Court of the United States denied the right to review. The role of Ms. Smith in the first case is entirely different, and here she was witnessed by the troopers as an active participant of the (offense).

Any defendant charged with conspiracy is also liable for the account of the actual commission of a crime, for the account of being an aider or abettor or will also be liable under Pinkerton theory. The case United States V. Ailsworth, 867 is related to witness that the government can prove liability according to any alternative theory, and relevant to this the jury will not hold a verdict which indicates a precise manner in which the defendant is accused of committing the crime. In the case referred here, it is interesting to note that if a jury finds anyone guilty of aiding or abetting a crime, it will not be equivalent to finding a conspirator agreement. The case United States V. Ailsworth, 867 was presented to the eleventh circuit court of appeals.

The elements of the crime are according to 21 U.S.C. §841(a) (1) are creating, distributing, dispensing, and possessing a prohibited substance. Further, some other elements of 21 U.S.C. §841(a) (1) are the creation, distribution, dispensation, or possession of a counter felt substance.

Some other names of ‘crack cocaine’ includes cloud nine, bazooka, Casper, kibbles, etc.

Withdrawing is an affirmation of criminal defense. It arises when a defendant claims that he or she has never completed or was involved in a criminal offense. It means that the burden is on the defendant to prove that they meet the requirement of successful withdrawal from the crime. Since, in this case, defendant, Marylou Smith has withdrawn herself from the charges of conspiracy. Therefore she will have to prove the circumstance in her favor. For example, the case Koury v. The Queen, [1964] S.C.R. 212 presented to the Supreme Court of the United States, the defendant’s claim was that he withdrew from the association of the case at a specific time. He appealed that his conviction should be placed aside and considered inconsistent with the court's decision. However, the court held that the appeal should be dismissed.

In order to prove that the defendant was involved in aiding and abetting, the prosecutor must prove that the defendant was ready to commit the crime, during the occurrence of crime, the defendant was directly involved in completing the offense and the defendant's word of his or her action was, in fact, aiding the crime.

Justice And Ethical Dilemmas

Justice and Ethical Dilemmas

[Name of the Writer]

[Name of the Institution]

Justice and Ethical Dilemmas

The legal and justice system in the United States of America follows certain rules and regulations, and all the persons working in it or who are a part of it have to follow these rules and regulations. No matter on what position a person is working in the judicial system, or how much powerful seat an individual is holding, these laws and legislations are equal for everyone, and no one is exempt from them. These laws are binding and are listed in the Code of Judicial Conduct.

The case in question discusses a city court magistrate who indulges in various sort of questionable activities and whether it is ethically and legally correct for him to indulge in these activities. The following details will look into the reasons one by one that does it ethically suit him to carry on all such activities, for a person holding a seat like him.

Borrowing money from court employees

Although it is not illegal for a magistrate to borrow money from court employees, it is highly unethical. The court employees would be bound to give him the requested money fearing to lose their job as the court magistrate is at a dominant position and can terminate your employment at any time. The employees would always feel compelled to hand over the amount of money as they will feel under pressure that they will have to face the loss of job or retribution in case of refusal.

Publicly endorsing and campaigning for a candidate for judicial office

A magistrate or judge cannot publically endorse and campaign for a candidate who is fighting the elections for the seat of judicial office. It is both unethical and illegal for a city court magistrate to publically endorse or oppose an individual who is fighting for a judicial position. However, a magistrate may support or disapprove of a candidate running for a political campaign.

Conducting personal business from the court chambers

A magistrate or judge or any employee of the judicial system is strictly banned to use the public property for his or her own use no matter what seat he or she is holding. In this case, the magistrate is found involved in conducting his personal business from the other court chambers which are considered as public property, and the conduction of personal business, in this case, is illegal and unethical.

Directing other business court employees to perform personal errands for him during court hours

Rule 3.1(E) of the 2007 model code of judicial conduct made explicit the prohibition on a judge using “court premises, staff, stationery, equipment, or other resources,” for extra-judicial activates, “except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law.” (Shaman, 2000)

Shutting court down early to prevent the defendant from filing pleadings in an ongoing case

Along with being highly unethical, it is also illegal to shut down the courtroom before time in order to avoid listening to the defendant’s appeal or to prevent the defendant from filing pleadings before the magistrate against an ongoing case in the court.

Taking kickbacks from private juvenile detention facilities for locking more juveniles upon questionable charges

It is a severe criminal offense, and the magistrate or the judge can face severe legal consequences for it. Not only a magistrate, every employee working in any capacity of a public office, is strictly prohibited by law to accept kickbacks or any sort of bribery from any individual or organization to provide the verdict of their choice (Soeharno, 2016). It can result in the loss of job along with sentence in jail or fine or both.

Banning one of the defense attorneys in a case from speaking during the trial

As per the law, it is the duty of the magistrate or judge to listen to the arguments presented by both the sides of the courtroom and then provide the final verdict. If a judge fails or refuses to do some he or she may have to face serious consequences. On the other hand, it is the ultimate right of the defense attorney to speak before the court and present his arguments in defense of his client, and if he or she is stopped from practicing this right, he or she can claim it in court.

Jailing an entire courtroom because a cellphone went off during a proceeding, and no one came forward to accept responsibility

Jailing courtroom as a whole for just a little offense like turning off of a mobile device does not sound right. Although it is not illegal and the magistrate has to right to do so, but it seems a little illogical to punish so severely for a small offense, which can be let go of or can be penalized with a small amount of fine.

Suggesting to persons appearing before him to contribute to specific charities instead of paying fines

Under the model code(Canon 4C(3)/Rule 3.7(A)(6)), a judge may serve as an officer, director, trustee, or non-legal advisor for any religious or charitable organization, cause or event and can directly or indirectly collect charity and raise funds for the said cause or organization (Alfini, 2018).

Using court employees to perform translating services for his mother's daycare business

As mentioned above, a magistrate or judge is strictly prohibited to use court employees for his personal errands or business. The act of making a public or court employee to perform translation services for his mother's daycare business counts in as a private job and hi not allowed as per the law, and it is an unethical practice.

References

Alfini, J. J., Lubet, S., Shaman, J. M., & Geyh, C. G. (2018). Judicial Conduct and Ethics. LexisNexis.

Shaman, J. M., Lubet, S., & Alfini, J. J. (2000). Judicial Conduct and Ethics (p. 173). Lexis Law.

Soeharno, J. (2016). The integrity of the judge: a philosophical inquiry. Routledge.

Justice And Ethical Dilemmas

Justice and Ethical Dilemmas

Your Name (First M. Last)

School or Institution Name (University at Place or Town, State)

Justice and Ethical Dilemmas

Ethics:

Ethics is the standard of behavior of individuals that tells the action or decision individuals make in different circumstances and within some specific relation, i.e. as children, friends, parents, colleagues, etc. Professionals have their own code of ethics ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"a2f3kk3srt5","properties":{"formattedCitation":"{\\rtf (\\uc0\\u8220{}HSS-VCSKILLS-15,\\uc0\\u8221{} n.d.)}","plainCitation":"(“HSS-VCSKILLS-15,” n.d.)"},"citationItems":[{"id":1201,"uris":["http://zotero.org/users/local/ccgWoSRn/items/44VPI2BJ"],"uri":["http://zotero.org/users/local/ccgWoSRn/items/44VPI2BJ"],"itemData":{"id":1201,"type":"webpage","title":"HSS-VCSKILLS-15","URL":"https://cursos.campusvirtualsp.org/enrol/index.php?id=163","accessed":{"date-parts":[["2019",1,25]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“HSS-VCSKILLS-15,” n.d.). There are five approaches of ethical standards which are:

The Utilitarian Approach:

This approach enables individuals to make a decision which does the least harm. In other words, we can say that a decision that results in the greatest happiness for the maximum number of individuals.

The Rights Approach:

Every individual has the ability to select a pattern of life. The right approach means the decision or action an individual makes and it results in moral rights and respects for the individuals who would be affected by the decision.

The Fairness or Justice Approach:

This approach claims that any ethical decision that individuals make should possess equality. In other words, actions should treat all individuals equally. Sometimes it becomes necessary to treat individuals unequally at this point fairly based action should be made and that decision should be defensible.

The Common Good Approach:

Individuals live in the society and they have to interact with others. Therefore, it is necessary that interaction should be on the basis of ethical reasoning. Compassion, care, and respect are the basic requirements for ethical reasoning.

The Virtue Approach:

Virtue ethics is directly related to the person rather than his action. Virtues are nature and habits of the individuals. It includes self-control, fidelity, tolerance, honesty, compassion, love, and tolerance.

Comparison and Contrast of two approaches:

Above five approaches cover all the ethical standards which are different from each other, but some approaches have similarities among them. The fairness or justice approach and the right approach are similar because both approaches cover the welfare of society. For example, whenever individual needs to make a decision which can affect other people as well then he will follow the two approaches at the same time i.e. the right approach which will allow him to think for the mutual interest rather than self-interest and at the same time he will follow the fairness or justice approach that means he will make a decision which will be in favor of all the people and will not create any harm for anyone. Two approaches "The common good" and "The virtue" approaches are entirely different. In the common good approach, individual serve the society as a whole while in the virtue approach each action is directly related to the person who is making the decisions.

Approach for criminal justice professionals:

The fairness and justice approach is the most appropriate for criminal justice professionals to aid them in making decisions when faced with ethical dilemmas. For example, if a judge needs to take the final decision for a person about his crime, the judge needs to be unbiased. The fairness and justice approach suggest the professionals or judge make- a decision without any favoritism or personal point of view. The obligation of all the laws and regulations should be fulfilled. Both the parties should be treated equally. It makes it easier for the judge to find whether the person is culprit or innocent which results in the least harm in the society ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"a23nmbhsk4e","properties":{"formattedCitation":"(University, n.d.)","plainCitation":"(University, n.d.)"},"citationItems":[{"id":1205,"uris":["http://zotero.org/users/local/ccgWoSRn/items/H4F6NCFL"],"uri":["http://zotero.org/users/local/ccgWoSRn/items/H4F6NCFL"],"itemData":{"id":1205,"type":"webpage","title":"Justice and Fairness","abstract":"An introduction to the justice approach to ethics including a discussion of desert, distributive justice, retributive justice, and compensatory justice.","URL":"https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/","language":"en","author":[{"family":"University","given":"Santa Clara"}]}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (University, n.d.).

It is possible that different judges use different ethical decision-making approach which according to them is better suited to the specific segment of criminal justice. For example, there is the case of high speeding and judge needs to decide whether a person should be sentenced to the jail or fine should be imposed on him. One judge may use the utilitarian approach and make the decision of fine while other follow the fairness or justice approach and sentence him six-month jail because he already made the same decision on same type of case before ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"a224ro2od19","properties":{"formattedCitation":"{\\rtf (\\uc0\\u8220{}Ethical Dilemmas of Justice,\\uc0\\u8221{} n.d.)}","plainCitation":"(“Ethical Dilemmas of Justice,” n.d.)"},"citationItems":[{"id":1203,"uris":["http://zotero.org/users/local/ccgWoSRn/items/FPUC3DY2"],"uri":["http://zotero.org/users/local/ccgWoSRn/items/FPUC3DY2"],"itemData":{"id":1203,"type":"webpage","title":"Ethical Dilemmas of Justice","container-title":"Legal Beagle","abstract":"An ethical dilemma is a situation that involves a conflict between at least two moral imperatives in which to obey one means disobeying the other. For example, police officers feel they must be loyal to their partners. If their partner pockets money found on a drug raid, they should turn their partner in, which is ...","URL":"https://legalbeagle.com/7255673-ethical-dilemmas-justice.html","language":"en"}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Ethical Dilemmas of Justice,” n.d.).

References

ADDIN ZOTERO_BIBL {"custom":[]} CSL_BIBLIOGRAPHY Ethical Dilemmas of Justice. (n.d.). Retrieved from https://legalbeagle.com/7255673-ethical-dilemmas-justice.html

HSS-VCSKILLS-15. (n.d.). Retrieved January 25, 2019, from https://cursos.campusvirtualsp.org/enrol/index.php?id=163

University, S. C. (n.d.). Justice and Fairness. Retrieved from https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/

Kaplan Ch2

[Name of the Writer]

[Name of Instructor]

[English]

[Date]

Kaplan Ch2

Answer no 1

To keep a check on one another’s actions and so neither of legislation can have a control on the entire legislative process.

It keeps the sense of balance in the interest of together big and small States.

Due to the division of power, the legislative process through which the Congress progresses laws tends to become time-consuming. The reason behind it is the high faith on compromising and cooperation rather than being efficient.

Answer no 2

After a bill is introduced into a chamber, it is scrutinized by Standing Committee and Sub Committee. The Sub Committee prepares a draft and holds an open public hearing. Once the bill is accepted, it is then sent back to Standing Committee. After then it is signed by the chamber leader and sent to the President for signing the bill and making it a federal law. If the president vetoes, the bill is sent back to the Congress. Congress can make any bill a law by overriding president's veto if two-thirds of members of each chamber vote to approve it.

Identical bill must be agreed to by both chambers of Congress so it can become a federal law. If it is not agreed upon, then it will not become an act or statute.

Through cooperation, engagement, compromise the legislators can pass a bill and make it a federal law. If Congress wants to pass a bill, it must persuade the president of its merits, similarly, if Presidents wants Congress to pass must persuade Congress of its merits.

If a bill is vetoed by President, it cannot be enacted into a law. President must sign, veto or return a bill back to Congress within 10 days. If he fails to do so, then the bill will be enacted into law.

Answer no 3

So they can carry out their legislative functions as they are representatives of the people of the States. Treason, felony and breach of peace are not ignored by the law enforcement agencies.

Answer no 4

Caption, which is the title of the opinion, if followed by citation which sets forth the volume and page number of the book in which the opinion is published.

Heart of Atlanta Motel was the Appellant. United States Department of Justice was the Appellee

The motel was refusing to rent rooms and provide accommodations to Negroes, and it was alleged that the Motel intended to do so further on. The appellee argued that the motel was not following the Commerce clause and that by doing so the Congress has the power to remove such obstructions and restraints.

The Congress was legislating against moral wrongs in many areas. In framing Title II of this act, Congress was also dealing with what it considered a moral wrong. The Motel and Congress both had their own views. It was the burden of discrimination that led Congress to enact appropriate legislation and gave the base for exercising its powers and authority.

The power of the Congress over interstate commerce is not confined to the regulation of commerce among states. It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of the Congress over it.

U.S. Supreme Court ruled that in passing Title II of the Civil Rights Act (1964), which prohibited segregation or discrimination in places of public accommodation involved in interstate commerce, the U.S. Congress did not exceed the regulatory authority granted to it by the commerce clause of Article I of the U.S. Constitution.

Civil rights act allowed every person the right to live freely. This sole act was the decision-making factor for the Supreme Court ruling. The discrimination factor had to be solved as the Negroes were not allowed accommodation at the Heat of Atlanta Motel. The Civil Rights Act, a federal law, completely disagreed with such statement of the Motel and allowed Supreme Court to analyze the laws and apply on the legal issue.

Heart of Atlanta held that Congress exceeded its power to regulate commerce under Art, I, 8, cl.3, of the constitution of the United States. Since the motel was positioned near Interstates 75 and 85 and received most of its business from outside Georgia, this showed that it had an impact on interstate commerce, which is all that is needed to justify Congress in exercising the Commerce Clause power. 

The case was ruled in favor of Congress.

This case will have a very positive effect in the future cases. This ruling can help make decisions faster and with more accuracy. This case provided the basis for such kind of cases and even shows that discrimination is an ill concept and discriminative measures must be dealt with iron hands at all stages.

Answer no 5

The defendant argued Gun-Free School Zones Act exceeded Congress's commerce clause authority because mere possession of a gun was not a commercial activity.

The federal government defended the law as a valid exercise of Congress’s commerce clause authority because guns purchased and sold in interstate commerce were used to commit crimes near schools.

The Gun-Free School Zones Act of 1900 made it a federal offense for any individual to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

The act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. The possession of a gun in a local school zone is in no sense an economic activity that affect any sort of interstate commerce. Responded was a local student at a local school, there was no indication that the student moved in interstate commerce recently and that the student’s possession of firearm has any relation to interstate commerce.

Answer no 6

Both cases are different in nature. The Civil Rights Act was being obstructed as Negroes were not given any sort of accommodation. This case was made on discrimination bases. While the Lopez case was totally different from the first one. The student Lopez was not involved in any sort of commercial activity nor was he moving in the state to carry out criminal activities. Both cases revolved around commerce clause and allows Congress to exercise its powers and authority, but the Heart of Atlanta Motel case was discriminating so the ruling came against the Motel.

Interstate means between states, the commercial activities held between states while intrastate means activities within a specific state. Intrastate and interstate commerce defines the scope of authority the commerce clause holds on commercial activities. These cases define how the Congress can use the commerce clause for activities being held in the state and between states.

Answer no 7

The necessary and proper clause is placed among the powers of Congress, not among the limitations on those powers. Its terms purport to enlarge, not to diminish the powers vested in the government. It purports to be additional power not a restriction on those already granted.

Answer no 8

The states have no power no tax, to burden, to retard, impede or in any matter control the operations of the constitutional law enacted by Congress to carry into execution of the powers vested in the federal government. This is the unavoidable supremacy which the constitution has declared and given to the Federal Government.

Answer no 9

This article prohibited Congress to further import slaves. It suppressed the powers of importation of slaves

Section 9 Suspension Clause grants prisoners to challenge their imprisonment and prohibits Congress from cancelling the writ of habeas corpus. Prohibitions against taxing states disproportionately, passing laws that favor one state over another, taxing goods exported between states and granting titles of nobility.

Answer no 10

Section 10 specifies that no state enter into treaty or alliance, coin money, emit bills of credit, pass any bill of attainder, ex post facto law, make anything but gold and silver coin a tender in payment of debt and grant any title of nobility.

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Law

Part A

Question Number 1

An individual who goes about as a Director of an organization, has a positive obligation under Section 588G of the Corporations Act to keep the organization from exchanging on the off chance that it is wiped out. The job of a Director, while a benefit, additionally conveys extraordinary duty. A Director ought to know about his/her commitments as commanded by the Corporations Act 2001. When an organization is in money related trouble, or is indebted, a Director's consistence or generally with his/her obligations may go under examination. To satisfy this commitment, a Director must be always mindful of the organization's money related position. This includes in excess of a yearly survey of the organization's fiscal summaries.

There are not kidding ramifications for a Director who neglects to satisfy his/her obligation to avert ruined exchanging. These results may influence the personality of a Director. A Director may confront common punishments, however remuneration procedures and criminal accusations (if the Director is likewise found to have been unscrupulous). Further, the Director might be precluded from dealing with a company for a timeframe. The Corporations Act gives some statutory guards to Directors, anyway these are probably not going to apply in the event that it is apparent a Director has not kept up current learning of the organization's money related position.

Question Number 2

The safe harbor defense segment 588GA of the Corporations Act requires a Director of an organization to keep the organization from bringing about an obligation if the organization is as of now wiped out at the time the obligation is incurred. Also by acquiring that obligation, or by causing a scope of obligations including that obligation, the organization winds up bankrupt, and, at the season of bringing about the obligation, there are sensible justification for suspecting that the organization is as of now wiped out, or would end up ruined by acquiring the obligation.

In September 2017, alterations to the Corporations Act 2001 presented another area, s588GA to shield chiefs from individual risk for obligations brought about by a wiped out organization on the off chance that they go in a direction that is sensibly prone to prompt a superior result for the organization and its banks, contrasted with the arrangement of an executive or a vendor. Basically, s588GA will enable executives to cause organization obligations amid a 'rebuild/turnaround period', without the danger of being held by and by at risk for those obligations on the off chance that they can't be reimbursed.

The new 'safe harbor' enactment permits chiefs help from this individual risk and the chance to keep on exchanging the organization under bothered conditions, if they are going in a direction sensibly liable to prompt a superior result. The 'protected harbor' just stretches out to obligations acquired regarding the game-plan or its advancement. The security stops when the strategy quits being probably going to prompt a superior result.

Question Number 3

The new safe harbor act (s588GA) safeguards a chief who, when the obligation is brought about, suspects the organization may progress toward becoming or might be wiped out, and begins creating at least one strategies which are sensibly prone to prompt a superior result for the organization than a quick arrangement of overseer or outlet. The protected harbor likewise applies to holding organization obligation for the bankrupt exchanging of a backup, gave that the holding organization finds a way to guarantee that the sheltered harbor is accessible to the executives of the auxiliary.

The s588GA differs from business judgment rule in a way that closer examination anyway uncovers this new sort of safe harbor must be very unique. The present business judgment rule saves the obligations of good confidence and after that center around the epitome of the obligation of consideration and steadiness in the basic leadership process. Since the proposed new principle tries to offer assurance against ruptures of all center obligations it has fundamentally utilized a lot more extensive wording. This may mean the connections with the obligations themselves will be lost or debilitated. The fundamental basis for a general and predictable barrier for executives that will apply overall center obligations is to 'lighten worries that a few sanctions are antagonistically influencing chiefs' ability to participate in mindful hazard taking.' It is contended it will strike a superior harmony between the requirement for authorizations against bothersome conduct and the going for broke.

Question Number 4

Yes, there are certain restrictions while considering the operation of the s588GA defense as following:

Books or data not permissible in proof in continuing for or in connection to s588G (2) in which individual looks to depend on safe harbor where:

Failure to give books or data required to assessment, or where required to hand over to vendor or VA

Warrant issued under s530C (2) where court is fulfilled that the individual has disguised, crushed or expelled books of the organization (or is going to do as such)

Failure to finish the RATA or to help the outlet or VA

Evidentiary confinements don't make a difference where individual did not whenever have the books or data and no sensible advances could have been taken to acquiring.

Notice of the impact of s588GB must be given-generally evidentiary limitation won't have any significant bearing.

Court may arrange that evidentiary limitations don't have any significant bearing where remarkable conditions or in light of a legitimate concern for equity.

Question Number 5

The insolvency laws in Australia, as of late, experienced the most thorough survey and change since the mid 1990s. Notwithstanding a few requires a redesign of the Australian bankruptcy routine to supplant it with a Chapter 11 style equal, we made due with a swathe of changes went for, from one perspective, improving efficiencies in the formal indebtedness forms and, then again, advancing a culture of enterprise. This article will concentrate on the last of these changes—the presentation of the sheltered harbor and ipso facto changes. The changes are gone for cultivating a culture of rebuilding in the midst of a bankruptcy routine that forces intense punishments on executives that keep on exchanging an organization while it is indebted. Such is the worry around punishments that usually the case that chiefs will act right on time to delegate a bankruptcy professional to the organization to the detriment of investigating feasible rebuilding alternatives.

The lawmaking body trusts that a move far from an attention on "defaming and punishing disappointment" will pursue presentation of the new 'safe harbor' arrangements and the stay on the activity of the alleged 'ipso facto' rights in specific conditions. While the law changes apply to Australian organizations and chiefs, they present huge advantages for remote partners who may, in a bothered situation, have the capacity to help the organization through the time of money related trouble, or impact a renegotiating or accomplish compensation out at a higher return than generally would have been accessible in liquidation. Seemingly, until now, the extension for such better business results has been altogether limited.

It is trusted that the law changes have the expected impact—to build up a culture of rebuilding in Australia so speculators—remote and local—have a chance to get a superior result if an organization is in budgetary trouble. There is a school of believed that there should be a finished redesign of Australia's indebtedness routine to additionally advance the way of life of rebuilding. A botched chance or not, the changes give a fundamental positive development.

Therefore this law directs the situation of organizations which are in budgetary pain and are unfit to pay or accommodate the majority of their obligations or different commitments, and matters subordinate to and emerging from monetary misery (Anderson, 2017). The law here is primarily administered by the Corporations Act 2001. Under Australian law, the term indebtedness is normally utilized with reference to organizations, and liquidation is utilized in connection to individuals. Insolvency law in Australia endeavors to look for a fair harmony between the contending interests of borrowers, leasers and the more extensive network when account holders are unfit to meet their monetary commitments (Harris & Hargovan, 2016).

Part B

Question Number 1

Mr dally confessed that he breached the duties of a Director by borrowing the money ($20 million) of a client for resolving his personal financial issues and for settling a colleagues divorce. He breached all the four main duties of a Director, i.e., care and diligence, good faith, improperly using position and information (ABC News).

Care and Diligence

This obligation requires an executive to act with the level of consideration and determination that a sensible individual may be relied upon to appear in the job (s 180). A fundamentally the same as obligation is likewise forced on executives at precedent-based law. Ongoing court cases have accentuated this obligation in connection to the endorsement of fiscal reports (Centro case) and board endorsement of explanations issued by an organization (James Hardie cases). There can likewise be a rupture of this obligation by making an organization go into unsafe exchanges with no prospect of creating an advantage or where an overseeing executive neglects to illuminate the board regarding matters which unmistakably ought to have been conveyed to the board's consideration.

Good Faith

This obligation requires a chief to act in accordance with some basic honesty to the greatest advantage of the organization and for a legitimate reason (s 181), including to stay away from irreconcilable situations, and to uncover and oversee clashes in the event that they emerge. This is an obligation of devotion and trust, known as a 'trustee obligation' forced by customary law and an obligation required in the Corporations Act 2001.

Not Improperly Using Position

This obligation expects executives to not inappropriately utilize their situation to pick up leeway for themselves or another person, or to the hindrance to the organization (s 182).

Not Improperly Using Information

This obligation expects executives to not inappropriately utilize the data they gain throughout their chief obligations to pick up preference for themselves or another person, or to the impediment to the organization (s 183).

Question Number 2

The fellow director solved his divorce dispute of a property with ex-wife by using the money from clients account and he breached the same laws by not complying with the four obligation mentioned about. However, he foremost didn’t oblige to the rule of Good faith along with Mr. Dally (Radio National). But further other obligation which he didn’t comply to is the duty of insolvent trading, disclosure of financial information and the interests of a director.

Insolvent Trading

Directors have an obligation to guarantee that an organization does not exchange while ruined or where they suspect it may be wiped out (s 588G).

Disclosure of Financial Information

Directors should take sensible strides to guarantee that an organization goes along with its commitments in the Corporations Act 2001 related to the keeping of money related records and budgetary announcing (s 344).

Disclosing chiefs' interests

Directors ought to uncover matters identifying with the issues of the organization in which he/she has a material individual intrigue (s 191), especially with regards to the prerequisite that open organizations get investor endorsement for related gathering exchanges (s 208), and divulgence of executive's interests to the market (s 205G).

Question Number 3

Various lawful frameworks make arrangement for organizations exchanging while wiped out to be unlawful in specific conditions, and accommodate executives to turn out to be by and by at risk for an organization's obligations in the event that they have acted inappropriately. In most lawful frameworks, the obligation in regard of unlawful exchanges reaches out for a specific timeframe preceding the organization going into liquidation (Anderson, 2017). A restricted organization winds up wiped out when it can never again pay its bills when due, or its liabilities—including unexpected liabilities, for example, excess installments—exceed the organization's benefits. This is a basic point in the life expectancy of an organization as it means when the executives' duties move from the interests of investors to the premiums of leasers. It additionally implies that the executives should be amazingly cautious while thinking about whether to keep on exchanging, or not. Any executive who realizes that the organization is bankrupt and settles on the choice to proceed to exchange, and in doing as such builds the obligations of the organization can be made at risk for the organization obligations.

Exchanging while indebted in itself isn't an offense. On the off chance that they contact proficient guides when the organization ends up ruined and they prompt they that it is to the greatest advantage of the lenders, the business and its workers to keep on exchanging, this could be an authentic game-plan. This might be where the consultants trust the business is feasible and can make a full recuperation. Ruined exchanging turns into an offense where there is no sensible prospect of sparing the organization and they keep on exchanging long after it ought to have been evident that there was no chance to get out. In the event that the business fails, the moves they made while the business was wiped out will be examined and could offer ascent to allegations of 'unfair exchanging'. Unjust exchanging is a common offense (Marsh & Roberts, 2017).

Question Number 4

As the executive of an insolvent organization, they have certain obligations and duties they should meet them. On the off chance that if neglect occurs to maintain those obligations, at that point they could be blamed for improper exchanging and held by and by subject for organization obligations. Participating in any of the accompanying practices while they are responsible for the undertakings of a wiped out organization will incredibly expand the dangers, continuing the exchanging with no expectation of reimbursing the directors should not keep on going into new contracts and exchange when they realize they have no sensible prospect of reimbursing they r leasers and endeavoring to reimburse obligations through false methods (Keay et al., 2019).

In the event that they attempt to reimburse obligations through unscrupulous exchanges they can't satisfy or utilizing misdirecting data to get credits then they could be sentenced for fake exchanging. In contrast to unjust exchanging, false exchanging is a criminal offense that could prompt a custodial sentence just as close to home risk for organization obligations.

Selling resources for not as much as market esteem. They may feel that pitching resources at a scaled down cost to raise reserves rapidly and reimburse the obligations would be an acknowledged practice. Notwithstanding, it could prompt they lenders getting less of the cash they are owed on liquidation (Brotchie & Morrison, 2017). The court can turn around such exchanges and request them to discount the returns of the deal and reimbursing a few loan bosses and not others. Organization executives are obliged to act to the greatest advantage of the lenders all in all. Making installments to certain loan bosses and not others is called appearing'. For instance, they may reimburse ensured advance or pay a provider they know actually. The court can turn around such installments and request the bank to discount the cash.

Question Number 5

Another resistance or safe harbor has been acquainted with shield organization executives from being by and by at risk for indebted exchanging, as long as they can meet a few criteria.

The thought behind the new law – which produced results in September 2017 – is to advance an increasingly positive business culture and an impetus to urge chiefs to search for approaches to turn the fortunes of the organization around before all expectation is lost and keeping in mind that there is still an incentive to rescue. The noteworthy common punishments for indebted exchanging of up to $200,000 for an individual and the likelihood of being prohibited as an executive for various years – and the disgrace connected to being gotten in charge of an organization exchanging while ruined – have more than debilitated chiefs to finish what has been started (Dunn, 2017).

Those executives would escape early and put the organization in the hands of outlets or managers – at extraordinary budgetary (and enthusiastic) cost to all included, including remarkable leaders and representatives (Kashyap et al., 2019). The substantial punishments would likewise normally dissuade executives from going out on a limb to endeavor to spare the business, just as more extensively, prevent financial specialists and expert chiefs getting to be associated with new companies. Before, the main guard accessible to executives whose organization exchanged while it was wiped out was to demonstrate that, at the time the organization ventured into the red, the chief had motivation to think the organization was dissolvable (Archer & Milman, 2017).

The new law expects to empower rebuilding and turnaround by giving insurance to chiefs from being by and by obligated for wiped out exchanging if, after the executive speculates the organization might be wiped out, they can go in a direction that is sensibly prone to prompt a superior result for the organization. Also, the obligation brought about should be associated with this game-plan or the standard course of business. The chief should demonstrate that they acted proactively in embraced a rebuild of the organization when they speculate indebtedness, and will along these lines need to keep an unmistakable record of the considerable number of moves they made to endeavor to spare the organization.

References

Anderson, H. (2017). Shelter from the storm: Phoenix activity and the safe harbour. Melb. UL Rev., 41, 999.

Archer, B., & Milman, D. (2017). Director liability in insolvent companies: an analysis of the effectiveness of private and public enforcement mechanisms with special reference to improper trading liability and disqualification (Doctoral dissertation, Lancaster University).

Brotchie, J., & Morrison, D. (2017). Insolvent trading and voluntary administration in Australia: economic winners and losers?. Accounting & Finance.

Dunn, J. (2017). Safe harbour. Company Director, 33(6), 28.

Harris, J., & Hargovan, A. (2016). Chartered secretary: Productivity Commission safe harbour proposal for insolvent trading. Governance Directions, 68(1), 9.

'It's been brand damaging': Investment fund chief denies claim he used funds to pay for daughter’s wedding. (2018). ABC News. Retrieved 9 May 2019, from https://www.abc.net.au/news/2018-08-24/company-directors-borrow-money-from-clients-as-asic-investigates/10157236

Kashyap, A. K., Jaswani, U., Bhandari, A., & Dixit, Y. S. (2019). An Introduction to Corporate Insolvency Law and Reforms in Australia. In Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy (pp. 107-131). IGI Global.

Keay, A. R., Loughrey, J., McNulty, T., Okanigbuan, J., Francis, A., & Stewart, A. (2019). Business Judgment and Director Accountability: A Study of Case-Law Over Time. Available at SSRN 3352479.

Marsh, S., & Roberts, S. (2017). Personal liability for insolvent trading: Company directors find berth in safe harbour. Governance Directions, 69(10), 611.

The talented Mr Daly. (2019). Radio National. Retrieved 9 May 2019, from https://www.abc.net.au/radionational/programs/backgroundbriefing/the-talented-mr-daly/10158316

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McMartin preschool trials- Criminal law case

Introduction

The McMartin preschool trials was a case related to the sexual abuse of children in the daycare center. The case was filed in 1980 in the court of Attorney Ira Reiner. The hearing of this case held in Los Angeles district courts. This criminal case which included the charges of sexual abuse of children was filed against the McMartin family who at that time owned the daycare center. The family with some other administrative staff was charged against different acts of child abuse ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"cEzpmC9a","properties":{"formattedCitation":"(Eberle and Eberle, {\\i{}The Politics of Child Abuse})","plainCitation":"(Eberle and Eberle, The Politics of Child Abuse)","noteIndex":0},"citationItems":[{"id":1400,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3ABFCXI3"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3ABFCXI3"],"itemData":{"id":1400,"type":"book","title":"The politics of child abuse","publisher":"L. Stuart","source":"Google Scholar","author":[{"family":"Eberle","given":"Paul"},{"family":"Eberle","given":"Shirley"}],"issued":{"date-parts":[["1986"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Eberle and Eberle, The Politics of Child Abuse). The preliminary filing of the case held in 1983, arrests and pretrial investigation took place from 1984 to 1987. The trial finally ran from 1987 to 1990. The case lasted for around six years and the court ruled that no convictions were found, resultantly the charges were dropped in 1990. After the completion of the trial, it was noted that the case was the longest running and most expensive trial case in American judicial history.

Discussion

Los Angeles County District Attorney

The McMartin trials were held in the Los Angeles District Attorney, in California, United States. This court prosecutes the cases related to felony charges and misdemeanor crimes held within the jurisdiction of the county ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"DudJlIhF","properties":{"formattedCitation":"(Eberle and Eberle, {\\i{}The Abuse of Innocence})","plainCitation":"(Eberle and Eberle, The Abuse of Innocence)","noteIndex":0},"citationItems":[{"id":1401,"uris":["http://zotero.org/users/local/s8f0QVnP/items/TGS7Z89L"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/TGS7Z89L"],"itemData":{"id":1401,"type":"book","title":"The abuse of innocence: The McMartin Preschool trial","publisher":"Prometheus Books Amherst, NY","source":"Google Scholar","title-short":"The abuse of innocence","author":[{"family":"Eberle","given":"Paul"},{"family":"Eberle","given":"Shirley"}],"issued":{"date-parts":[["1993"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Eberle and Eberle, The Abuse of Innocence). The district attorney at that time was Ira Reiner. In Los Angeles, some local cases related to a misdemeanor are prosecuted in city attorneys. The Los Angeles County district attorney was formed in 1852 and its jurisdiction falls under the government of Los Angeles County. This county district office is the largest county-level criminal court in the U.S ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"dHSeCXVS","properties":{"formattedCitation":"(Eberle and Eberle, {\\i{}The Abuse of Innocence})","plainCitation":"(Eberle and Eberle, The Abuse of Innocence)","noteIndex":0},"citationItems":[{"id":1401,"uris":["http://zotero.org/users/local/s8f0QVnP/items/TGS7Z89L"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/TGS7Z89L"],"itemData":{"id":1401,"type":"book","title":"The abuse of innocence: The McMartin Preschool trial","publisher":"Prometheus Books Amherst, NY","source":"Google Scholar","title-short":"The abuse of innocence","author":[{"family":"Eberle","given":"Paul"},{"family":"Eberle","given":"Shirley"}],"issued":{"date-parts":[["1993"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Eberle and Eberle, The Abuse of Innocence). The Los Angeles County public defender present in the court on behalf of individuals charged with a crime.

Criminal court proceedings

On March 22, 1984, five family members of the McMartin family and three teachers of the child care center were charged with one hundred and fifteen counts of child abuse. When the other forty-eight children were included in the trial case, the number of charges increased to three hundred and twenty-one. After twenty months of the preliminary charges, the prosecution which was led by Attorney Lael Rubin presented their theoretical views about the child abuse ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3zSgWYFu","properties":{"formattedCitation":"(Schreiber et al.)","plainCitation":"(Schreiber et al.)","noteIndex":0},"citationItems":[{"id":1404,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"itemData":{"id":1404,"type":"article-journal","title":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases: A case study","container-title":"Social influence","page":"16–47","volume":"1","issue":"1","source":"Google Scholar","title-short":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases","author":[{"family":"Schreiber","given":"Nadja"},{"family":"Bellah","given":"Lisa D."},{"family":"Martinez","given":"Yolanda"},{"family":"McLaurin","given":"Kristin A."},{"family":"Strok","given":"Renata"},{"family":"Garven","given":"Sena"},{"family":"Wood","given":"James M."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Schreiber et al.). The testimony of the children presented in the court was inconsistent. Many criminal trial expert of that time believed that the children’s testimony has been influenced by someone. After two years of presenting the initial testimony, the new district attorney appointed called the evidence as incredibly weak ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Z9MbFtSH","properties":{"formattedCitation":"(Schreiber et al.)","plainCitation":"(Schreiber et al.)","noteIndex":0},"citationItems":[{"id":1404,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"itemData":{"id":1404,"type":"article-journal","title":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases: A case study","container-title":"Social influence","page":"16–47","volume":"1","issue":"1","source":"Google Scholar","title-short":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases","author":[{"family":"Schreiber","given":"Nadja"},{"family":"Bellah","given":"Lisa D."},{"family":"Martinez","given":"Yolanda"},{"family":"McLaurin","given":"Kristin A."},{"family":"Strok","given":"Renata"},{"family":"Garven","given":"Sena"},{"family":"Wood","given":"James M."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Schreiber et al.). The district attorney after the initial hearing right after the appointment dropped the charges against the McMartin family, however, some teachers were kept still in the custody.

Perjury confession witnesses

During the trials, George Freeman who was one of the witnesses in the case was called in the court. He agreed and testified that Ray Buckey (one of the McMartin family member) had confessed to him the acts while sharing the cell ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"bVXvF8eY","properties":{"formattedCitation":"(Schreiber et al.)","plainCitation":"(Schreiber et al.)","noteIndex":0},"citationItems":[{"id":1404,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"itemData":{"id":1404,"type":"article-journal","title":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases: A case study","container-title":"Social influence","page":"16–47","volume":"1","issue":"1","source":"Google Scholar","title-short":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases","author":[{"family":"Schreiber","given":"Nadja"},{"family":"Bellah","given":"Lisa D."},{"family":"Martinez","given":"Yolanda"},{"family":"McLaurin","given":"Kristin A."},{"family":"Strok","given":"Renata"},{"family":"Garven","given":"Sena"},{"family":"Wood","given":"James M."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Schreiber et al.). The witness, later on, tried to flee the country but confessed in other criminal cases that he manufactured the testimony in exchange for fair treatment. The court later on ruled that just in order to guarantee the testimony in the McMartin case, Freeman will be granted immunity from any previous charges.

Dismissal and Acquittal

After three years and two months of case filing, the court freed McMartin Buckey from all charges. The court ruled that Buckey is acquitted from all charges in all courts. He was freed from jail after spending more than five years in jail ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5rADTM10","properties":{"formattedCitation":"(Nathan)","plainCitation":"(Nathan)","noteIndex":0},"citationItems":[{"id":1399,"uris":["http://zotero.org/users/local/s8f0QVnP/items/9UTVQZYB"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/9UTVQZYB"],"itemData":{"id":1399,"type":"article-journal","title":"Satanism and child molestation: Constructing the ritual abuse scare","container-title":"The satanism scare","page":"75–94","source":"Google Scholar","title-short":"Satanism and child molestation","author":[{"family":"Nathan","given":"Debbie"}],"issued":{"date-parts":[["1991"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Nathan). Buckey was also freed from the charges of 52 and 65 counts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5THefEvE","properties":{"formattedCitation":"(Schreiber et al.)","plainCitation":"(Schreiber et al.)","noteIndex":0},"citationItems":[{"id":1404,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7X8XCXG4"],"itemData":{"id":1404,"type":"article-journal","title":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases: A case study","container-title":"Social influence","page":"16–47","volume":"1","issue":"1","source":"Google Scholar","title-short":"Suggestive interviewing in the McMartin Preschool and Kelly Michaels daycare abuse cases","author":[{"family":"Schreiber","given":"Nadja"},{"family":"Bellah","given":"Lisa D."},{"family":"Martinez","given":"Yolanda"},{"family":"McLaurin","given":"Kristin A."},{"family":"Strok","given":"Renata"},{"family":"Garven","given":"Sena"},{"family":"Wood","given":"James M."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Schreiber et al.). Nine jurors who were involved throughout in the case proceeding stated during a press conference that the court remained failed in finding abuse beyond a reasonable doubt. The prosecution then gave up and the case was adjourned.

The criminal court proceeding was similar to the text in many ways. For example, the McMartin family was first alleged that they have committed sexual abuse of the children in their daycare. Committal proceedings were filed against the family and the administration including some teachers of the preschool. Different toy normal court proceeding, this case was not referred to a higher court, for example, the Supreme court in this case. The trail was run for five years and two months in the same district court. After running off the trails, the court decided to lift the charges from the McMartin family. Once freed from the charges, there was no need for appeals.

The criminal court proceeding of the Los Angeles courts was different in many ways from the normal court. For example, the case was not referred to any superior court, the case lasted for more than the stipulated time period, and the government expenditure on the case was much higher compared in rest of the cases and finally the creation of hung jury. Two judges from the total nine were against the dismissal of charges from McMartin Buckey.

Conclusion

McMartin trial case was very different in many ways compared to other criminal case proceedings. Right after the filing of the case, it rose to national level significance. The effects of this case even extended out of the Californian state. The daycare providers in the country resisted from touching or unnecessarily hugging the children. Several daycare providers closed their schools, following the fears of molestations lawsuits. The McMartin case taught many new lessons. This preschool trial suggested that pack journalism which normally goes in favor of the prosecutions damaging for the state judicial system. It presented new lessons about how a case can cost heavy to the taxpayers. The dismissal of charges from the McMartin family depicted the existing flaws in that time judicial process.

Works Cited:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Eberle, Paul, and Shirley Eberle. The Abuse of Innocence: The McMartin Preschool Trial. Prometheus Books Amherst, NY, 1993.

---. The Politics of Child Abuse. L. Stuart, 1986.

Nathan, Debbie. “Satanism and Child Molestation: Constructing the Ritual Abuse Scare.” The Satanism Scare, 1991, pp. 75–94.

Schreiber, Nadja, et al. “Suggestive Interviewing in the McMartin Preschool and Kelly Michaels Daycare Abuse Cases: A Case Study.” Social Influence, vol. 1, no. 1, 2006, pp. 16–47.

Law And Amendments

My boss is right because instances of negligence is very important. When conducting inspections, negligence was noted in the registration, registration, storage, execution of materials containing applications for initiating private prosecution cases received from the police. The attention of justices of the peace should be drawn to the absence of grounds for suspending a criminal case in view of the appointment of an examination. In this regard, the practice of establishing in the judge’s decree on the appointment of an expert study of the time period for its conduct deserves attention. In order to exclude the return of documents without execution, preliminary approval of the volume of documents required by the expert is recommended. Since conducting research by competent specialists, as a rule, significantly increases the time it takes to find cases in production, their appointment should be approached very carefully, each time evaluating whether it is possible to prove certain circumstances without conducting an examination. In Herring case, the Court settled certiorari to understand the claim of the exclusionary rule to a Fourth Amendment violation consequential from negligent police record-keeping.

Due to the specifics of the procedural conditions of proof judicial investigations, the actions of the court to study evidence have a certain difference from the investigative actions carried out during the preliminary investigation of crimes. CPC allows us to conclude that the legislator does not prohibit the court from carrying out any investigative actions prescribed by law. However, “Judicial Investigation” directly indicates the possibility of a court conducting only such investigative actions as interrogation of the defendant, victim, witnesses, experts, appointment of forensic examinations, examination of material evidence, examination of the area and premises, investigative experiment, presentation for identification, examination. In the absence of a direct legislative prohibition, it is still very difficult for the court to carry out such actions as a search, seizure. The production of confrontation in court appears as part of the interrogation of individuals by participants in the process and the court.

Law And Society

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Law and Society

by

Course

Professor

University

City

Date

Should Cigarettes and Other Tobacco Products Be Outlawed

Cigarettes and tobacco-based products are a hot debate among different factions of people since forever. According to a certain group of individuals, the cigarette is a way of life meanwhile, the remaining cluster asserts the dark side of cigarettes and emphasizes a legally implicated ban on the sale, production, and usage of tobacco products, specifically cigarettes. Production, selling, and usage of cigarettes involve significant detrimental effects including health perils, increased healthcare cost, environmental damaging effects, and myriads of other similar hazards. The perceived drawbacks of cigarettes affirm the utter need for cigarettes and other tobacco products to be outlawed in order to mitigate the associated perilous effects of the practice.

Cigarettes are tube-shaped commodities that are made of processed tobacco leaves, finely enwrapped into a thin layer of paper. The cigarette may also be made of other different ingredients such as different aromas and artificial flavours the consumer lits one end of the device and smokes from the other. As a matter of fact, the cigarettes are laden with myriads of harmful chemicals which may cause damaging impact not only on smokers but also on second-hand smokers (National Cancer Institute, 2019). Chronological annals identify cigarette as the most dangerous product for human civilization (Proctor, 2013). The contemporary research and innovative mind frames are compelling almost all countries to exert deliberate endeavours in eradicating overall smoking rate and tobacco consumption patterns. Governments are devising and implementing public policies continuously to outlaw the smoking practices within organizational and other pubic premises (Public Health Control, 2009). USA congress has not heeded any particular enact in prohibiting the smoking on a federal or national scale, and therefore all such laws lie under the subcategories of local criminal, first-level jurisdiction, and occupational safety and health legislation. In this context, California was the pioneer state that implemented a legal ban on smoking on the state level in 1995. Afterwards, various other states imitated the instance established by California and several states enacted a statewide prohibition on smoking such bans are not identical but somehow intertwined with the similar core ideology (Institute of Medicine, 2010)

Initially, the ban on cigarettes and similar products was implemented to protect the second-hand smokers from the devastating and even exacerbating extent of consuming second-hand smoke. Medical research proves that the risk of cancer, emphysema, and cardiac diseases elevate manifold for second-hand smokers as compared to primary smokers (Hatsukami et al., 2010). Throughout the past decade, various countries introduced several laws that explicitly or implicitly prohibited indoor smoking to prevent the possible inhaling of second-hand chemicals. Along with mitigated perils of inhaling unsafe fumes, the smoke banning laws also play an integral role in cutting down on healthcare expenditures both on national and local levels. The implied framework of such legislation carves positive effects that evidently reflect in increased work productivity and workforce safety. In this context, in 2006, the administration of Indiana pursued an economic expansion and development program that promoted the notion of outlawing cigarettes to sustain the communities more inclined toward employment growth.

Apparently, smoking is a futile tradition and absurd ritual of any society that can be altered through tireless, dedicated and well-planned strategies banning the cigarettes legally is one of them. According to the World Health Organization (WHO), interdiction of cigarettes and similar disastrous products will discourage people to smoke conveniently anywhere, anytime and the overall effort will bring a significant shift in age-old social norms. Governments deem a ban on cigarettes as an initiative to supplement the social and economic structure of a country or state and equate it with taxation, education and improved healthcare measures (Peretti et al., 2009).

The cigarette is the most drastically adverse device that is made of more than 600 elements altogether. The worst happens when smokers lit the cigarettes and conjure more than seven thousand detrimental chemicals research proved that 69 of smoking-based chemicals evoke the causes of cancer, and in some cases, bring morbidity as well (American Lung Association, 2020). Unlike other consumers commodities, cigarettes never come with warning labels that, in turn, increases users perils of getting allured to a product that seems harmless apparently. Cigarette features ammonia, acetone, benzene, hexamine, carbon monoxide, lead, methanol, and nicotine as well as arsenic that also used in the production of rat poison (American Lung Association, 2020).

Smoking, either first-hand or second-hand, exacerbates the health complications and poses severely negative impacts on an individual and communal health conditions. Unfortunately, the devastating effects of smoking never remain only with the smoker but disseminated to others with greater magnitude. Whenever a cigarette is smoked within public proximity, the second-hand users have to bear measurable, and in several cases, undeviating effects. In this way, smoking encapsulates a vast populace in its grasp, even with the help of a single cigarette. Lung cancer, ageing, pregnancy intricacies, and heart diseases are some of the prevalent health disasters that are caused by smoking and affect all the people in the proximity of smoking fumes (Rutherford, 2009). Some people suggest the usage of e-cigarettes but researches demonstrate the similar injurious aspect of digital cigarettes as well. According to statistical evaluation, throughout the United States, one of five morbidities are interrelated to smoking and are the outcomes of lung cancer, bronchitis, pneumonia, and emphysema (Chew, 2009). As a result, majorly affected states including Alaska and California etcetera aimed to enhance the health mtier for their locals through strict tactics against the causations of such demises, banning the cigarettes in public places is one of such strategies (Chew, 2009).

In the recent age, the planet is encountering unavoidable environmental crisis and plantation, harvesting, and production, as well as consumption of cigarettes, are laden with adverse impacts both on humans and atmosphere, simultaneously. Phenomenally, tobacco is the core ingredient of all cigarettes and other tobacco-based products and its cultivation requires wide territories of rainforests. Therefore, the bigwigs and corrupt authorities exploit their influence and partake in the significant occurrence of deforestation (Rinkesh, 2017). No doubt, manufacturing and selling of cigarettes and other similar commodities are thriving and promising businesses, for this reason, the previously used small acres of cigarette plantation expanded to a great extent and engulfed the rainforests concurrently. Take the instance of Tabora village, Tanzania, where exceeding and accelerating deforestation and its ripple effects compelled local tobacco peasants to confirm such environmental cruelty (Makoye, 2012). The increased deforestation is affecting the foraging resources and demolishing the overall equilibrium of biodiversity and also stirring the hazards of global warming (Rinkesh, 2017).

Regardless of all certified risks and downsides of smoking many people still adhere to the so-called benefits of smoking cigarettes. According to the antagonist faction, cigarettes are advantageous in combating against Parkinson and knee surgeries some associate smoking with reduced depression and tension. In younger age, youngsters inclined toward such self-indulgence habits that also include weeding and marijuana as well as smoking cigarettes people consider smoking as a cheaper and handy recreational activity, and therefore, depict reluctance regarding its prohibition. However, the purported benedictions of smoking are not valid enough to surpass the cons of such severely adverse practice.

By analyzing the above-mentioned facts and factoids, it is evident that smoking cigarettes is a negative habit that not only harms the smoker but also enwraps the bystanders in it its viciousness. Smoking is comprised of countless cons that exceed any perceived advantages if any. The multifaceted disadvantages of smoking cigarettes and other tobacco-based products include health, economic, and environmental problems that pose devastating effects on the overall atmosphere and mortality rate of a locality. In summation

Cigarettes and tobacco-based products are easy to access and avail almost all around the planet that, in turn, is exacerbating the habitual smoking among a large populace.

From the health perspective, smoking is destructive both for first-hand smokers and even more detrimental for second-hand smokers because they inhale extremely injurious vapours directly. Smoking also paves the path for different minor and major diseases and disorders such as lung cancer, bronchitis, pneumonia, and birth complications. The extreme consequences of smoking can lead an individual to death.

E-cigarettes are equally injurious as conventional cigarettes.

Health-based side effects of cigarettes and tobacco-based products amplify the sum total of healthcare cost on national and local levels.

Cultivation and harvesting of tobacco plants require expanded rainforest regions that, in turn, evoke the peril of increased deforestation. Deforestation consequently, disturbs the entire ecological system to a great extent.

In order to control and monitor the cigarette production, selling, and usage, governments and legal authorities have to devise effective and applicable laws to prevent the convenient smoking at least in public areas.

Although some people argue about the positive facades of smoking which seems absurd because none of such advantage can set off the price one has to pay for smokings negative chaos.

Cigarettes and tobacco-based products are no-recreational habits and may have short or long-term negative impact not only on health of people but also on the finance and environment of the setting. Therefore, it is highly recommended to imply a ban on cigarettes and other relevant commodities and establishing modern and life-changing norms throughout the society, and expanding them gradually on international level.

Reference

American Lung Association. (2020).Whats In a Cigarette. online Available at  https//www.lung.org/stop-smoking/smoking-facts/whats-in-a-cigarette.html  Accessed 27 Jan. 2020.

Azleg.gov. (2020).Arizona Revised Statutes. online Available at  https//www.azleg.gov/arsDetail/title1 Accessed 27 Jan. 2020.

Chew, N., Three Reasons Why Smoking Should Be Banned.Livestrong.Com. Available  at https//www.livestrong.com/article/207919-three-reasons-why-smoking- should-be-banned/ Accessed January 27, 2020.

Hatsukami, D., Perkins, K., LeSage, M., Ashley, D., Henningfield, J., Benowitz, N.,  Backinger, C. and Zeller, M. (2010). Nicotine reduction revisited science and  future directions.Tobacco Control, 19(5), pp.e1-e1.

Events, I. (2010).The Background of Smoking Bans. online Ncbi.nlm.nih.gov.  Available at https//www.ncbi.nlm.nih.gov/books/NBK219563/ Accessed 27 Jan.  2020.

National Cancer Institute. (2020).NCI Dictionary of Cancer Terms. online Available at  https//www.cancer.gov/publications/dictionaries/cancer-terms/def/cigarette  Accessed 27 Jan. 2020.

Makoye, K., 2012. cb1f21c7-7d98-4ea3-903f-c5de10e41700.Tobacco farms drive major  deforestation in Tanzania. Available at http//news.trust.org/item/maptobacco- farms-drive-major-deforestation-in-tanzania Accessed January 27, 2020.

Peretti-Watel, P., Seror, V., Constance, J. and Beck, F. (2009). Poverty as a smoking  trap.International Journal of Drug Policy, 20(3), pp.230-236.

Proctor, R. (2013). Why ban the sale of cigarettes The case for abolition.Tobacco  Control, 22(suppl 1), pp.i27-i30.

Rinkesh (2017). 10 Serious Effects of Cigarette Smoking on Environment and Human  Health.Conserve Energy Future. Available at https//www.conserve-energy- future.com/serious-effects-cigarette-smoking-environment-and-human-health.php  Accessed January 27, 2020.

Rutherford, J., 2009. 5 reasons to ban smoking in public places.Richmond Register.  Available at https//www.richmondregister.com/news/lifestyles/reasons-to-ban- smoking-in-public-places/article_f0830ffb-2986-5232-99aa-c77c61a2fb01.html  Accessed January 27, 2020.

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Law Enforcement Challenges

Law Enforcement Challenges

[Name of the Writer]

[Name of the Institution]

Law Enforcement Challenges

Question Number 1

The biggest challenge faced by law enforcement agencies in investigating exploitation, cyberstalking and obscenity is the anonymity or secretive power of the criminals (Ranakoti et al., 2017). The power of a criminal is in the fact of anonymity, which gives the perpetrator an advantage over the victim. For instance, the perpetrator could be around the victim every time, and it is unknown to the person being victimized that who exactly that person is and where he lives, etc. This issue can aggravate quickly to the most lethal crimes real-life crimes like homicides. The perpetrators have various ways to communicate with the victim and harassing them on the internet by remaining anonymous, such that sending threatening message and emails over the internet. They can also threaten the victim by spreading malicious rumors online through group chats or posting on wicked sites.

The harassment commonly occurs in the form of mail bombs, such that sending the victim a virus which infuses the system of the victim and also by spamming the electronic junk mail of the target. This is all possible by masking the real identity of the perpetrator which is possible through using different online technological hacks, by which a perpetrator puts himself in secrecy, and the victim does not know who is precisely the doer of such criminal acts. There are significant advantages of this anonymity like the privacy of the users. However, this anonymity is negatively used by illegal minded people available on the internet from the accountability of their malicious acts. In any case, the perpetrator is identified, then he/she is pinpointed to the law or jurisdiction and subjected to penalties and punishments.

Question Number 2

The next challenges are faced by the jurisdiction while fighting against the cyber-crime. The jurisdiction is pertinent to the type of agency or court which has authority for administering justice in a specific way according to the scope of these authorities. Since the cybercrime and felonies on the internet have no limits or boundaries, so they could be crossing over the jurisdiction within nanoseconds, without recognizing that they are in the foreign jurisdiction. The agencies of law-enforcement should determine the geographic location of such criminal acts even before the initiation of the investigation.

The presence of perpetrator in another country, state or location than where the victim is present makes it complicated for the jurisdiction to catch them. The laws are different in every state or country, which makes it hard for these law-enforcing agencies to explore or investigate the criminal or crime. Even if they pursue the case across the border of a state, the support or assistance of the other state's agencies is not comfortable as when there occurred no actual violence other than just the harassment over the internet. Moreover, the federal law has the authority of restricting the ability of these agencies from tracking down the perpetrator or stalker and also other criminals related to cyberspace. Notably, according to the CCPA or Cable Communication Policy Act (1984) the disclosure to the law enforcement agencies of any information regarding the subscriber of such records is prohibited, in case it is a court's order or advance notice is issued to the subscriber (Yar & Steinmetz, 2019). As there is a progression in acquiring internet services from the cable companies, the CCPA has created hindrances for the investigation of cyber crimes or online harassments.

Question number 3

The issue of cybercrime is not just related to one country, state or city; in fact, it is the issue faced worldwide by almost every person utilizing the internet in this modernized era. However, the difference of rules and regulations for such problems has created challenges for law enforcement agencies for investigating and controlling the cybercrimes (Bryant, 2016). The leading solution for this issue is that the rules and laws related to cybercrime must be the same across the whole world, regardless of states, countries. It is possible through the negotiations among the agencies of different countries to ensure the success they will have to work together in harmony for fighting against terrorism of any kind or type.

The local and state agencies are discouraged when the limitations of jurisdiction for cybercrimes are dictated to them. The fact that maybe in some cases the perpetrator is located in different countries than the victim’s, making it complex and difficult for the agencies to investigate the crime with local authority’s support. Many cybercrimes are referred towards the agencies like FBI and United States Office of Attorney due to the reason that victim and perpetrators were located in different countries from one another and local agency couldn’t pursue the investigation due to this issue.

Thus, for combating terrorism, regardless of its intensity or type, it is essential for the local and foreign states to fight in collaboration with each other. Cybercrime is just like any other crime or terrorism which is otpposed against the criminals by state and local agencies in unity with each other. In this recent era, cybercrime is more potent than common crimes like theft, murder, etc. It is spreading from one state to separate, and the location of criminal is different to the victims due to the online form of crime, where the access is easy even form miles and miles away. So law officers from all the states should combat this crime with the help and support of each other so that such atrocities could be successfully eliminated.

References

Bryant, R. (2016). Digital Crime. In Policing Digital Crime (pp. 19-60). Routledge.

Ranakoti, P., Yadav, S., Apurva, A., Tomer, S., & Roy, N. R. (2017, October). Deep web & online anonymity. In 2017 International Conference on Computing and Communication Technologies for Smart Nation (IC3TSN) (pp. 215-219). IEEE.

Yar, M., & Steinmetz, K. F. (2019). Cybercrime and society. SAGE Publications Limited.

Law Proposal

Name of Student

Name of Professor

Name of Class

Day Month Year

A Ban Drug in College Student

Drugs need to be banned for College Students as Drugs are destructing the lives and careers of students. Students are not much concerned towards studies as the usage of drugs have diverted them from their path and they find more interest in low moral activities than studies.

The plan for banning drugs should be introduced to reduce the rate of student diversion. There are a lot of cases recorded everyday where students overdose on drugs and get indulged in activities which are not good for their career and even for their lives.

Drugs need to be banned by authorities in the premises of academic institutes as well as other places. Drugs are a threat to moral and academic values. The addiction of drugs is becoming common in youth due to several reasons like stress of studies, peer pressure, financial issues and even curiosity maybe a cause for this addiction.

If drugs are to be banned, the drugs used in college experimentation should also be banned. Any kind of addiction to drugs can lead to severe tragedies such as injury, arrest or maybe death. The talents of students are getting affected. The only possible way to stop this is to ban drugs and make students aware of tragedies caused by them. If drugs are not banned, the future of students is lost and they will ruin themselves.

By banning drugs for students the students will become more secure and concerned towards their lives and career. They will use their potential for the sake of their own better instead of ruining their lives by becoming addicts.

Drug awareness should be spread among all. The costs of drug should be increased for it would not be affordable for all and people would not get inclined towards it. Drug ban will affect the freedom of students and students will not unnecessarily ruin their lives. The security will be increased and this will cause an increase in cost as well.

In order to get rid of this abuse we need to eliminate this evil from our society.

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY

Law, Ethics & Corp. Governance

Law, Ethics & Corp. Governance

Tammie Beamon

Institutional Affiliation(s)

Author Note

Law, Ethics & Corp. Governance

Facebook’s legal or ethical duty

Facebook is one of the widely used social media applications, throughout the world. The number of Facebook users accounts for 2.4 billion, which shows its popularity and its massive reach. Though it is right that Facebook has been able to introduce, new and more social-oriented features, but do these features can help Facebook to rescue a victim or otherwise to stop a crime, this is a troubling debate. Considering its popularity, and the massive reach, Facebook has been able to access the information of its users. Those who Sign up to Facebook, permit the Facebook authorities to use their information for specific reasons. Similarly, Facebook has a planned and well- oriented mechanism to interpret the user’s information and use for purposes already agreed with the users. There are some functions of Facebook, which require the user’s information and resultantly, interpret that information and offer them a friend suggestion etc.

The Facebook Live function though doesn’t require prior information, but it does provide a quick and massive reach to the audience. The Facebook Live function is one of its most used features. In the case of Steve Stephens or the Orlando shootings, Facebook live streaming had remained a factor to ignite fear and distress among its billions of users. The legal mechanics, however, suggest that this live function is not linked to any administrative or social applicability. Its use may be made for a specific reason and for a specific audience, the legality or ethics, however, remains an idiosyncratic aspect. In both these cases the incidents happened were unfortunate, but in any way, it does not bound the Facebook authorities to rightly or ethically become a party to this incident. Facebook cannot be a party to such incidents (both ethically and legally), because it then negates its projection as a social media application.

How social media platforms can be more proactive?

Social media platforms enjoy a massive reach. The majority of these applications have access to user’s location, their personal data, their activities and their particular interest. In the case of Facebook, it remains able to monitor the activity of its users and to draw an image of what particular aspects he/ she is into. In view of such important access to any individual’s life and personal likings or disliking, these applications can be more proactive and thorough to review the type of contents which appear on their sites in the following ways:

A closer following of an uneasy user: It is quite obvious that people use social media applications to post stuff they are more into. People share stories and pictures which clearly depicts what particular activities, this user is into. These applications and the artificial intelligence system they employ can easily guess, what this particular individual’s activities can turn into. These social media applications can help that individual to quit that uneasy path, by suggesting him more socially inclusive options.

Synchronization with domestic anti-social norms: The social media applications develop their functions and user interface based on domestic social norms. Their user interface and regulations are user-friendly and are not in clash with the societal norms generally and the user’s interests specifically. If these social media applications are regularized and are provided a space in the development of society, they can be made more proactive to fight such social menaces.

Permissibility to use the content as legal evidence: At present, different social media applications including Facebook does not allow its content to be used as legal evidence in different courts. Though they have adopted this stance for much different reasons, if any such possibility is developed, these social media applications can be developed as a proactive tool to fight different social evils.

Safeguard measures Social Media platforms should adopt

The user interface of most social media platforms is already vigorous enough to stop or limit such acts of violence from broadcasting. Facebook already requires the user discretion to view such acts of violence or bloodshed. Similarly, social media platforms like What’s App and Instagram have their own mechanism’s to stop such acts of violence from being shared or being used as a tool for intimidation or coercion ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"p3RgqwnB","properties":{"formattedCitation":"(Back et al. 2010, 373)","plainCitation":"(Back et al. 2010, 373)","noteIndex":0},"citationItems":[{"id":558,"uris":["http://zotero.org/users/local/8reWiRZH/items/UH4DPL24"],"uri":["http://zotero.org/users/local/8reWiRZH/items/UH4DPL24"],"itemData":{"id":558,"type":"article-journal","container-title":"Psychological science","issue":"3","page":"372–374","source":"Google Scholar","title":"Facebook profiles reflect actual personality, not self-idealization","volume":"21","author":[{"family":"Back","given":"Mitja D."},{"family":"Stopfer","given":"Juliane M."},{"family":"Vazire","given":"Simine"},{"family":"Gaddis","given":"Sam"},{"family":"Schmukle","given":"Stefan C."},{"family":"Egloff","given":"Boris"},{"family":"Gosling","given":"Samuel D."}],"issued":{"date-parts":[["2010"]]}},"locator":"373","label":"page"}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Back et al. 2010, 373). However, there are many different measures that could be taken to prevent such acts of violence from being broadcasted. Two of such safeguard measures that can limit the chance of broadcasting such acts are as follow

Making the user interface more hands-on against detecting blood or weapons: The artificial intelligence has helped to distinguish weapons and scenes of violence. Though these technologies are already in place in social media platforms, despite their anti-violence mechanism incidents like Cleveland shooting or Orlando shootings got published. To counter such measures, these social media platforms must adopt the policies of restriction, synchronized with most latest and up- to- date intelligence mechanisms. For Facebook, Instagram and What’s App, these measure are crucial, since they are the widely used platforms.

Broadening the programmed blocking systems: In Cleveland shootings, the Facebook authorities were able to block the account of Steve Stephen after twenty- three minutes of the incidents after the identification by another user. As mentioned above, the social media platforms must work on broadening the programmed blocking systems, which can first monitor such anti-social activities thoroughly and then mechanically restricts the user’s engagement with other friends or followers. These social media platforms can also create a ribbon describing the user as a threat or can mark an alert sign over the user’s profile.

Ethics oversight mechanisms in Facebook

There has been a debate for many long that Facebook must have some ethical mechanism that should oversight the trending posts. Some believe that Facebook does have such mechanisms, whereas some believe that for political reasons, Facebook authorities have not employed such mechanisms. Since being the world’s largest social media platform, Facebook authorities must develop such a mechanism to limit the influence of bad things over its users. An article published by Forbes magazine mentions that Facebook uses a system based on Artificial Intelligence, which cares for the ethical norms agreed between the Facebook authorities and the user ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"asnxBtw0","properties":{"formattedCitation":"(Shead n.d.)","plainCitation":"(Shead n.d.)","noteIndex":0},"citationItems":[{"id":556,"uris":["http://zotero.org/users/local/8reWiRZH/items/MAAGPFLI"],"uri":["http://zotero.org/users/local/8reWiRZH/items/MAAGPFLI"],"itemData":{"id":556,"type":"webpage","abstract":"Facebook has set up an internal team focus on the ethics of artificial intelligence. The company is competing with the likes of Google and Amazon to develop software that can learn for itself but some are concerned about the future of AI.","container-title":"Forbes","language":"en","title":"Facebook Reportedly Has A Dedicated AI Ethics Team","URL":"https://www.forbes.com/sites/samshead/2018/05/03/facebook-reportedly-has-a-dedicated-ai-ethics-team/","author":[{"family":"Shead","given":"Sam"}],"accessed":{"date-parts":[["2020",1,27]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shead n.d.). Previously, Facebook has been accused of political meddling, therefore, the authorities find it workable to make things flow over Facebook the way it is unless it is discriminatory, sexually inappreciable or included violence ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"66cCN5YU","properties":{"formattedCitation":"(Back et al. 2010, 373)","plainCitation":"(Back et al. 2010, 373)","noteIndex":0},"citationItems":[{"id":558,"uris":["http://zotero.org/users/local/8reWiRZH/items/UH4DPL24"],"uri":["http://zotero.org/users/local/8reWiRZH/items/UH4DPL24"],"itemData":{"id":558,"type":"article-journal","container-title":"Psychological science","issue":"3","page":"372–374","source":"Google Scholar","title":"Facebook profiles reflect actual personality, not self-idealization","volume":"21","author":[{"family":"Back","given":"Mitja D."},{"family":"Stopfer","given":"Juliane M."},{"family":"Vazire","given":"Simine"},{"family":"Gaddis","given":"Sam"},{"family":"Schmukle","given":"Stefan C."},{"family":"Egloff","given":"Boris"},{"family":"Gosling","given":"Samuel D."}],"issued":{"date-parts":[["2010"]]}},"locator":"373","label":"page"}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Back et al. 2010, 373). Throughout, this row between Facebook and different external authorities of the public and private sector, Facebook does not employ an ethical oversight body. However, the events happened lately suggest that Facebook must incorporate an active system of algorithm harmonized with human interpretation to ethically permit things.

In view of the changes taking place and the sensitivity attached, Facebook must have a dedicated team to oversee the ethical aspects of the things. They must be proactive against the content as well, which is running over their platform. It will help Facebook in certain manners, for example, it can restrict some users from publishing derogatory things, will help block sexually inappropriate comments or will help to block the nudity and bareness. Ethical oversight is necessary since the user base of Facebook is large enough that anyone at any part of the world can find it inappropriate or unfitting. It will also help to make Facebook a more credible platform to gauge the interest of the public and their opinion about certain things.

Changes Facebook should adopt

There can be certain mechanisms Facebook can adopt to encourage the ethical use of its platform. Since the world, we live in today is more sensitive to political orientation, religious norms, personal liking or disliking and race issues, therefore the authorities at Facebook should consider making certain changes. These changes, however, must be people-oriented and should be based on a process that comes not at a clash to anyone’s political or religious views. In order to make Facebook a more vibrant and socially positive platform, Facebook should work on these two changes

Must curtail the friend suggestion option: The artificial algorithm system, Facebook employs offer friend suggestions based on the user’s location or the history of his activities. This friend suggestion options help in developing a certain network which can be misused by people with negative intentions. Though at present it is helping in making societies more inclusive and participatory, there remain wider gaps in making things more workable at a social sphere.

Must reorient its live broadcast function: The Facebook live function is helping to bridge the distances, but in the case of Orlando shootings and the case referred in the article, this function became a tool to spread fear among the general public. The authorities at Facebook can assimilate the artificial intelligence system and algorithm to detect the course of events which can result in bloodshed. This assimilation of the artificial intelligence system and the algorithm with an individual’s activities can benefit in different ways, which will impact the Facebook usage more positively.

Conclusion

Facebook is a widely used social media platform. Activities being shared or broadcasted using this platform have far-reaching impacts. In the recent past, there had been incidents that suggest some flaws at the end of Facebook authorities. These incidents also became the reason for anti- Facebook feelings voiced at different parts of the world. In order to curb such incidents, the Facebook authorities and its users need to devise a mechanism that is productive and far-reaching in a positive manner for both Facebook authorities and its users.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Back, Mitja D. et al. 2010. “Facebook Profiles Reflect Actual Personality, Not Self-Idealization.” Psychological science 21(3): 372–374.

Shead, Sam. “Facebook Reportedly Has A Dedicated AI Ethics Team.” Forbes. https://www.forbes.com/sites/samshead/2018/05/03/facebook-reportedly-has-a-dedicated-ai-ethics-team/ (January 27, 2020).

Leadership And Policing

Leadership and Policing

[Author’s name]

[Institute’s name]

Leadership and Policing

Introduction

Leadership is recognized as one major pillar of the policing department. The objective of establishing appropriate law enforcement can never be achieved without a suitable form of supervision. It is crucial for the leader in policing to possess some great qualities to meet the standards of application of the law successfully. It is noteworthy to mention that the role of leadership in policing is one complex phenomenon that is associated with various aspects of consideration. The selection of suitable supervisors is a difficult decision for a local police chief or sheriff that requires a critical analysis of some significant leadership qualities in potential candidates. This paper focuses on identifying and critically analyzing leadership qualities that are mandatory within the context of effective leadership for law enforcement agencies.

Discussion

           At the first stage of analyzing the characteristics of great leaders in policing, it is important to apprehend the basic idea of leadership. This form of consideration is necessary to attain the basic background of the theoretical approach of leadership. The practical application of leadership relevant to various forms of leadership styles and traits of the individuals as leaders. The leadership requirements in case of particular situations also greatly influence the domain of leadership. 

The Concept of Leadership

           The theoretical ide of leadership is defined as the systematic process by which a person impacts others to achieve different organizational objectives. Leaders have to play their role as motivators to provide suitable operational direction to the followers or subordinates. Various forms of organizational tasks can never be achieved without the team member and the leader is responsible for building strong communication and association between all the team members.

The overall procedure of leadership demands organizational leaders to positively impacts the performance of others to accomplish a mission in the context of organizational performance (Daft, 2014). The basic idea behind the entire process of leadership is that leaders are the ones who help themselves and assist others in accomplishing the right targets in the right way. The participation of a supervisor as a leader is critical to develop direction and inspire others in the form of vision.

Leadership in Policing

The practical applications of the idea of leadership are policing is categorized as one necessary condition to achieve objectives of law enforcement effectively and efficiently. It is important to consider that policing leadership style is different from the conventional approach of leadership practices due to different professional requirements. Application of effective law enforcement leadership is a crucial condition to address the requirements of the nature of police work successfully. The active and dynamic role of the leader in policing is important to address different challenges successfully appears for law enforcing agencies. Only exceptional leaders can timely assess the need for important practical measures according to the demand for complex situations of law enforcement (Hughes, 2010). Law enforcement supervisors must possess diverse and crucial leadership skills to successfully connects with extensive work domains within the establishment of the police agency.

There are some substantial attributes that help leaders to implement the idea of leadership in policing successfully. The facet of particular leadership qualities in the context of policing is eventually linked with consideration of ethical standards. It is mandatory for leaders in policing department to play their role as an ethical supervisor who religiously follows the organizational code of conduct. Integrity and work ethics are two necessary conditions to obtain the objective of effective leadership in the case of law enforcement agencies (Schafer, 2010). A leader or supervisor in the policing department needs to be morally correct and strong individual to ensure smooth processing of law enforcement. Biased and unfair leadership practices encourage criminals to remain involves in different criminal activities. 

Necessary Qualities for Effective Leadership within Law Enforcement Agencies

Identification and detailed analysis of specific leadership qualities is a crucial approach to determine what makes an individual to an influential leader to achieve targets of law enforcement. This specific form of understanding is vital to recognize how leadership in policing is more crucial and dynamic as compared to the conventional approach of leadership. Possession and application of specific leadership attributes play a critical role in successfully achieve potential targets of law enforcement agencies as a supervisor. Leadership crisis in the policing department can only overcome by offering some proactive leadership approaches to timely assess challenging aspects and propose influential practical strategies. 

The application of a successful combination of key competencies and leadership traits is the main idea to ensure the influential role of a leader in policing. The development of attainable vision is characterized as one basic quality of leader as a supervisor within the broad area of law enforcement agencies. A leader can only be considered as effective and inspirational through the development of a wise vision for the law enforcement agency (Sarver & Miller, 2014). It is important for a leader to understand the working domain of the entire group to construct new performance targets accordingly. The development of a positive vision for the future of law enforcement requires a comprehensive analysis of the entire department position. It is obligatory for the leader of policing agencies to successfully and timely recognize and assess existing and long-term challenges. This form of consideration can be helpful for the leader to develop an organization’s vision by considering the potential risks and capabilities of all the team members. The organizational vision developed by the leader should focus on enhancing cooperation and communication within all the stakeholders. 

Inspiration is another important quality that should be possessed by the leader in the case of the law enforcement department. The law enforcement leader needs to be inspiring and motivating for others to increase the personal performance level of all the team members as followers. The target of developing and sharing organizational vision can never be achieved without the attribute of inspiration. The role of the leader in policing is important to create means and domains of motivation for individual and organizational success. The leader in policing should play its role as the source of inspiration and motivation for others (Russell & Gregory Stone, 2002). An inspirational leader in the context of policing is responsible to effectively and actively communicate with subordinates to achieve targets of organizational performance. 

Regular communication with all the members is necessary to condition to understand organizational concerns better and successfully perform different tasks of law enforcement. The ultimate objective of public safety by policing can never be achieved without active collaboration between supervisors and employees. The characteristics of inspiration and intelligence should portray by the leader as practical examples for the followers to achieve a higher level of individual and organizational performance.

Accountability is another critical and mandatory quality of effective leadership in the scenario of law enforcement. The implication of this specific attribute is most important when it comes to providing law enforcing services to society. It is one core responsibility of a leader to possess a clear character by accomplishing the ethical standards of policing. A police leader needs to be accountable in front of both his superiors and the followers. A successful application of vision is only possible by adopting practical measures in a fair and accountable manner. The characteristic of accountability demands supervisor in policing to work to achieve goals of law enforcement consistently. The organization's expectations need to be fulfilled by the leader to characterized his position as an accountable leader. The supervisor should accept the responsibility first to expect exceptional performance levels by all the staff members as followers. The involvement of the comprehensive process of accountability makes it easy for leaders to understand their responsibilities in an effective manner and perform accordingly. Moreover, it is also integral for a leader in policing to foster an accountable working environment to achieve organizational objectives by establishing better forms of law enforcement (Smykla, Crow, Crichlow, & Snyder, 2016). The development of an accountable environment is a necessary condition to obtain the target of sustained productivity in both cases of short-term and long-term implications.

Passion is another mandatory quality that needs to be followed by a leader in the policing department to deliver successful results in the end. It is viable for a leader to understand the complex nature of law enforcement work and successfully align personal performance levels according to requirements. A passionate leader or supervisor can only positively motivate others to achieve organizational tasks of appropriate forms of law enforcement for the public. Sharing passion with other team members is an essential condition to ensure a successful performance approach by the entire policing department. 

The prominent role of leaders can be observed in the case of diverse forms of organizations. The active implications of the process of leadership can be recognized in the case of dynamic non-governmental business organizations, the public sector, or even in the case of non-profit organizational entities. The active role of a leader is crucial in the case of every nature of organizational setting to successfully accomplish basic organizational objectives and goals. It is significant to examine the involvement of the leader in the context of public sector organizations because it requires the involvement of diverse and wide-ranging stakeholders. The contribution of the leader in this scenario is immensely crucial to consider the needs of the public and motivate the entire team to apprehend public objectives successfully.

Conclusion

           To conclude the discussion about the effective role of a leader in policing, it is vital to indicate that the complex work nature of law enforcement demands the application of a dynamic form of leadership. It is important for leaders in policing to adopt different leadership styles according to the requirements of the specific situation. Additionally, a successful combination of different leadership qualities is a necessary condition to achieve the potential targets of the policing department. 

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Daft, R. L. (2014). The leadership experience. Cengage Learning.

Hughes, P. J. (2010). Increasing organizational leadership through the police promotional process. FBI L. Enforcement Bull., 79, 10.

Russell, R. F., & Gregory Stone, A. (2002). A review of servant leadership attributes: Developing a practical model. Leadership & Organization Development Journal, 23(3), 145–157.

Sarver, M. B., & Miller, H. (2014). Police chief leadership: Styles and effectiveness. Policing: An International Journal of Police Strategies & Management.

Schafer, J. A. (2010). Effective leaders and leadership in policing: Traits, assessment, development, and expansion. Policing: An International Journal of Police Strategies & Management, 33(4), 644–663.

Smykla, J. O., Crow, M. S., Crichlow, V. J., & Snyder, J. A. (2016). Police body-worn cameras: Perceptions of law enforcement leadership. American Journal of Criminal Justice, 41(3), 424–443.

Legal And Ethical Scenarios

Legal and Ethical Scenarios

Student’s Name

Institution

Date

Scenario 1 Securities

Task 1: Was Bryant's lie about having a college degree material?

The fact that Bryant’s lie regarding is resume is a material. He lied of having a BBA in accounting and this means that he was employed using fake certificate, which is illegal. By informing the board that he had a bachelor degree while in a real sense he did not violate section 11 of the 1933 Act and section 10 (b)-5 of the 1934 act. Section 11 of the 1933 Act states requires mandatory disclosure of information to investors. The act serves as a protection to ensure that information regarding the security being sold is revealed to the public, or investors to conduct appropriate evaluation or assessment before making the right decision. And the effect that Bryant lied to the company, it affects the investors as well because the assessment was conducted based on a fake document. In this, the investors were not provided with accurate information as required by the Securities Act of 1933, section 10 (b)-5.

Task 2: Would your answer be the same if a CEO lied about having helped to take a company through an initial public offering and subsequent acquisition by another company?

It is also important to note that SEC Rule 10b-5 prohibits the act of omission, manipulation, and deception and therefore, such acts are treated as fraud. This rule makes prohibits the use of fake, or false information. It is not permitted for anyone to use the company or the company's name to defraud anyone. Therefore, the lie about having college is a material, which could have affected the performance of the company, and therefore, the investors have the right to sue the company. Failing to undisclosed information knowing is illegal and if the information were vital for the decision making, which could affect investor or the position of a company in the market. Bryant, therefore, committed fraud and because of his actions, investors and the company lost the huge investment.

Task 3: Would a reasonable member of the BCC board be comfortable keeping Bryant as CEO once they learned that he lied about having a college degree?

If the Chief Executive Officer (CEO) lied about his or her resume, I would hold the same position regarding the company and I should sue the company as well. If he helped take the company through acquisition and public offering like in the case of First National Bank, a lie would actually affect the entire firm’s performance. And therefore, it is appropriate to sue Bryant against the losses they incurred. In the case of United States v. O'Hagan, 521 U.S. 642 (1997) CITATION Bad96 \l 1033 (BaderGinsburg & States, 1996).In an opinion of the ruling, which was written by Justice Ruth Bader Ginsburg, the judge noted that an individual might be found liable for violating of Rule 10(b)-5 by misappropriating of information. It is therefore required for an individual to reveal all the information of the company to investors. O’Hagan law firm was contracted to represent Pillsbury and instead, they started to purchase the stock share. At the time of representation of the company, the law firm failed to undisclose all this information. However, the judges ruled that by purchasing the stock to become major shareholders, O'Hagan because a major shareholder and therefore, benefited from the same company when it was performing public listing. It is, therefore, evident that O'Hagan did not violate section 10 securities Act of 1993.

However, in the case of Chiarella v. United States, 445 U.S. 222 (1980), the Supreme Court made a decision that an employee of a printer company violated 10 (b) of the Securities Exchange Act of 1934, because an employee deduced the identities of some of the targeted companies and the company failed to disclose such information during the takeover. Therefore, it is expected of Bryant to provide accurate information and by deceiving investors on his resume means that he duped the investors and any loses made as a result of that he could be liable CITATION Jud16 \l 1033 (Clark, 2016). This means that Bryant providing fake resume or degree certificate affected the company’s performance. It is because the investors knew that Bryant was a BBA and therefore, they had confidence and could investor in the company's stock without having any problem because most investors believed the CEO could make the right decision based on his experience, degree, which they discovered is untrue. This makes him liable for the losses the company incurred. It is important to point that the losses were incurred after the media revealed that the CEO did not have a BBA has claimed. It means that the fall in stock is due to the reaction of the lies and if he would have lied to the board about his degree, the company would have experienced fall in stock in the market. It is, therefore, evident that the investors have the right to sue the company and the CEO, Mr. Bryant.

It would be difficult for any board member to keep Bryant as CEO after learning that he lied about his college degree. First, the lies caused the First National Bank stock to stumble in the stock market resulting in a lot of loses. Having him as the CEO would affect the performance of the company negatively. Secondly, the lies violated section 10 of the Securities Exchange. This means that it would be difficult to get support from investors. The investors have lost trust with him whether the board made a decision to keep him as the CEO would not earn the company earning a profit. I, therefore believe that a good number of board members would be willing to see him leaves the company CITATION Res15 \l 1033 (Restle & Smith J, 2015). When investors purchase the stock of a company, they put trust and believe in the company, which is headed by the CEO. And learning that the CEO lied about his degree certificate could disadvantage the company in the market and therefore, the board would not be willing to continue with the Bryant as the Chief Executive Officer of First National Bank. For instance, the former Vice President of Corporate communication for Wal-Mart, David Tovar lied on a resume, when the company realized he was forced to resign from his position and eventually left the company CITATION Res15 \l 1033 (Restle & Smith J, 2015). This indicates that it is difficult for most companies to continue to have a CEO or any other employees who have lied on his or resume.

Scenario II

Task 2: Is it necessary to register the Pampered Pooches shares?

In the case of Pampered Pooches shares, it is would be important to register the share of the company before buying any share. However, if the shares of the company are not listed either in public or private, t would be very difficult to trade shares of the company in the stock exchange and therefore, it would be important to ensure that the shares are listed to preventing the company from incurring related loses. It is also important to point that under section 10 of the 1933 and 1934, registration of the stock or shares guarantee security for the company and therefore, it would attract good investors.

Task 2: May Smith freely resell his Pampered Pooches shares?

It is noted that May Smith only has 2% of Pampered Pooches Company. This means that May Smith is the minority shareholders of Pampered Pooches an in the case of acquisition, May will not be able to become a director of the company. He is a minority shareholder and in the case of merger and acquisition, the minority share is diluted and sells the shares. In this case, May Smith would easily sales his shares of the company to other investors CITATION Bad96 \l 1033 (BaderGinsburg & States, 1996). Under section 5 of the Security Exchange Act of 1933 and 1934, a director with minimal shares can decide to sell his or her shares to major shares in the case of merger and acquisition. It would, therefore, be easily and freely for May Smith to sell the 2% of his shares to other directors without any problem.

Task 3: Would it matter whether the shares were registered in connection with the merger?

The question of whether it matters when the company shares are registered during the merger is obvious. It is important to ensure that the company's shares are registered according to the Security Exchange Act of 1933 and 1934 before, the merger. A registered share is protected and therefore, it would not be easy to manipulate the shares of the company for the advantage of anyone. It is illegal to trade on unregistered security and under section 20 (b) an individual can seek the redress of the court if unregistered security is sold to him or her. The sale of unregistered security violates section (10), and (20) (b) – 5 of the Security Exchange Act. It is important to point that the SEC can seek court action if it realizes that section 20 (b) – 5 are violated CITATION Gre13 \l 1033 (Bader, 2013). It is, therefore, difficult for any company to trade on trade using unregistered stock. Under section 5 of the Securities Act of 1933, if a company wants to purchase or merge with another company, the law requires the company to register the new shares with SEC. However, in the case of a merger, section 5 (b) of the Security Exchange Act exempt the company from register its shares with SEC. It is because during the merger the company stops its trading on the stock market as its work on the relevant documentation.

References

BIBLIOGRAPHY Bader, G. K. (2013). Securities Law 101 (Part V): Issuing shares of stock for mergers and

acquisitions. The Securities Edge, 2-18.

BaderGinsburg, R., & States, S. C. (1996). U.S. Reports: United States v. O'Hagan, 521 U.S.

642. 1996. . Periodical. https://www.loc.gov/item/usrep521642/. , 2-35.

Clark, J. (2016). The UNITED STATES v. Securities and Exchange Commission, Amicus on Behalf

of Appellee. https://caselaw.findlaw.com/us-8th-circuit/1097338.html, 2-18.

Restle, H., & Smith J, J. (2015). 17 successful executives who have lied on their résumés.

https://www.businessinsider.com/successful-executives-who-have-lied-on-their-resumes-2015-7?IR=T, 2-15.

Legal And Ethical Scenarios

Name of student

Name of institution

Name of instructor

Legal and ethical scenarios

Scenario 1

Greg upon order the pressure washer had already confirmed that he was interested in the contract. He is the one who made the offer which is the first step that any person should make when coming up with a contract. This is a contract that can be said to be mutually binding because the person who made the offer was Greg though he did not sign the acceptance of the offer. It could only fail to be a contract in a case where the Campbell Company failed to honor the offer. The company on confirming that they were willing to do business with such an offer made it a contract that can be defined under law. The first two most important rules that must be followed in any contract is the offer and acceptance part. In this case, an offer has been made and the company has made acceptance of the offer. An offer of $1275 was made by the company and it was the duty of the company to either reject or accept the offer. The fact that they sent a signed acceptance to the offer means that they were willing to get into a contract.

The case would have failed to be a contract in case the offer was coming from the coming to Greg. He is the one who is interested in the pressure washer and therefore came up with the price that they would use during the whole contract. Such contracts can be binding because all the parties have an idea that they are getting into business with one another. By contacting the company, Greg confirmed that he was willing to pay the money he stated and that he was already willing to be part of the contract. The major party that has to make the contract binding is the company because it is the client who has made the offer (Furmston, 2007).

The fact that Greg did not respond to the additional term in the contract makes it part of the contract by default. When one reads a contract and does not react to one of the terms that have been added to the contract, it automatically becomes part of the contract. Under international law of contracts, the fact that Greg did not react to any of terms that were being put by the company shows that he was satisfied with every part of the contract and that he was ready to work with the terms and conditions that had been stated by the company. Arbitration is one of the best ways that has always been used to solve disputes between parties that are in a legally binding contract. It is automatic that Greg might have accepted the term. One of the rules when entering into a contract is that apart from making an acceptance, one is subject to the terms and conditions of the contract even if he or she fails to sign that they accept the term to be used during the contract.

Campbell Company contracted the London Painting company to supply the pressure washers. There is no contract between London Painting Company and Greg. First, Greg does not have an idea that it is the company that will supply him with the pressure washers. He made an offer to Campbell company which is the company that he is in contract with and in case anything goes wrong with the contract, he will get answers from Campbell. Campbell is the one that is in a contract with London and it is their duty to ensure that the company they have contracted has the ability to supply the best quality products to the client. A contract can only be binding if an offer has been made and the other party has also gone ahead to accept the offer. The contract has three parties with only two of them being related directly. London painting company and Greg are not in any way in any contract and do not have any relationship apart from the fact that the company will supply the pressure washers on behalf of Campbell Company (Linda, 1988).

Scenario 3

Product liability is one of the problems that have been featuring in most of the court cases that people engage in. in this case, Allan, who is not licensed gets the opportunity to install the heaters that would be used by Karla. The products that would be used in this case came from Bradford Inc. there were warnings on the product that temperatures above 120degrees. Allan set up the temperature at 105 degrees which according to the instructions, is recommendable. Karla left Simon, her three year old son in the water tab and when she came back she realized that he had the scalds. There is a case and it needs to determine who is to blame on this case. All the three parties must be mentioned in the case because they are the people who dealt with the product. The company will be mentioned in the production of the product. On the other side, Allan will be mentioned for the installation with special preference to the manner in which he set the temperatures. Karla will also be mentioned in the case for the manner in which she used the product. A mistake could have come as a result of a mistake made from all the three parties who have since so far used the product as mentioned in the case.

In this case, I believe that Karla would win the case. This is on the basis that she followed all the instructions that have been posted on the product. The product did not mention that leaving a child for a certain period of time would result to scalding. For Karla, she does not have any skills in how the product operates and it is also important to note that she trusted the services offered by Allan as well as the company that supplied the products that were used in the process. Karla also trusted Allan to offer the best quality services even if she had no idea that the person was not licensed. It might not be easy for a client to know that the person they are dealing with is licensed even if they are not offering the best quality services. The fact that Karla accepted to get into business with Karla made her feel that the person is qualified to offer the best quality services. The fact that there are many people who can offer the services makes it a very difficult task for the clients to make choices on the people who will offer them the services that they need (Jimenez v. Superior Court, 2002).

For the case of Allan, he will lose the case because he intentionally offered the service without a license to do so. This means that he did not prove to the authority that he indeed has the ability to offer the services that are related to the installation of such products. For the company, it will be liable for selling faulty products because the company on its end cannot prove that the products were the best (Steven, 1984). It is the company that will bear the final cost of everything in this case because they were the producers of the product.

References

 M.P. Furmston, Cheshire, Fifoot & Furmston's Law of Contract, 15th edn (OUP: Oxford, 2007) p.779.

Mullenix, Linda A. (1988). "Another Choice of Forum, Another Choice of Law: Consensual Adjudicatory Procedure in Federal Court". Fordham Law Review. 57: 291. Retrieved 10 October 2017

Jimenez v. Superior Court (T.M. Cobb Co.), 29 Cal. 4th 473 (2002) (finding window manufacturers liable to homebuyers for defective windows that had been installed by developers into new homes).

Shavell, Steven (1984). "A Model of the Optimal Use of Liability and Safety Regulation". The RAND Journal of Economics. 15 (2): 271–280. doi:10.2307/2555680. ISSN 0741-6261. JSTOR 2555680.

Legalization Of Marijuana

Introduction

Marijuana is illegal because of its addictive angle since it's appraised to be a very oppressive drug. At the point when people begin to mishandle marijuana, they in the long run become snared and the drug winds up commanding their lives. Marijuana has additionally been announced not to have an affirmed medicinal use. Despite the fact that the drug has been related with healings from glaucoma to malignant growth particularly among the Americans, the arrangement has not been acknowledged generally enough on worldwide grounds (Kilmer et al. 2010). Such a contention has along these lines rendered the therapeutic estimation of marijuana a real debate. So also, utilization of marijuana has been related with opiates like heroin accepted to have genuine wellbeing repercussions once mishandled. Opiates had been on guideline under the early antidrug laws. Marijuana has been named to be a strange recreational drug, because of its connects to opiates. What's more, marijuana has been related with hipsters or failures thus rendering it unfashionable ways of life. Burden of criminal assents to the drug ownership goes about as sort 'intense love' for the network. The drug has been related with the abused ethnic gatherings. For instance, inside the Americans, it was related with Mexican Americans. A prohibition on marijuana was in this manner seen as a method for debilitating the network subcultures from creating. Also, court cases introduced for marijuana legalization has never been rendered engaging by the promoters. Backers typically contend based on its health advantages, imagination advancement and good movement among others. Especially, that does not appear to be persuading since the open picture of a marijuana client is that of a failure at dangers of either detainment or capture (Caulkins et al. 2016).

Pros and Cons of Marijuana

Contradicting action of the medication is fundamental in adjusting an individual whole framework, which can be understood to be a charged harmony. Such a state is characterized as a physiological development or mental satisfaction which is in charge of our health (Caulkins et al. 2016).

Tumor developments are less inside of the smokers of chronic marijuana, considered to be cigarettes smokers too. Mentally, marijuana's adjusting of the sensory system has an impact on the mind which is empowering and unwinding in a synchronous pattern. This implies that an individual deduction is more clear and proficient. Additionally, Marijuana is associated to stances profound advantages. Regularly, whatever that charges is seen to be a soul. Marijuana has been found to encourage the quest for widespread center qualities (Kilmer et al. 2010). Together with its capacity to improve the procedures of our mind in addition to adjusting of the body, the medication likewise help with the understanding of the withstanding reality by improving an individual consciousness.

Nonetheless, the medication has its drawbacks. First and foremost, the medication encourages hindrance of shorter memory such that any unpredictable or straightforward errands may be very requesting for the addict to undertake (Khatapoush & Hallfors, 2004). So also, medication ill-uses results into decayed moral conduct among clients. For instance, Marijuana clients can be exceedingly included in unsafe sexual conduct such that the HIV spread will be certain. For understudies, marijuana will make learning and contemplating hard and competitors' execution perhaps cut down since developments, timing or coordination will be influenced is influenced also. Safe driving will likewise be influenced since concentration, readiness, reaction time or coordination will be meddled. Thirdly, Combination of marijuana utilization and tobacco smoking will build the dangers of contracting lung sicknesses.

Among first time users, the medication can bring about panic, uneasiness, neurosis or sentiments of Impending fate. At long last, fleeting impacts can likewise include mutilation in recognition, deduction or critical thinking slips in addition to expanded heart rate. Heart attacks are additionally apparent among the marijuana clients because of impact on the pulse or heart rate in addition to decrease in oxygen conveying limit in the blood (Khatapoush & Hallfors, 2004). Consequences for the invulnerable framework might likewise decrease the capacity in battling irresistible ailments or growth. A cannabis addict might likewise encounter uneasiness, dejection or identity unsettling influences. On pregnant ladies, cannabis can bring about the children destined to show adjusted reactions in visual jolts, piercing cries or expanded tremulousness. In conclusion, long haul utilization of cannabis can bring about an addictive potential to the clients.

Conclusion

Because of its abusive nature, the substance is related with prisons, courts or jail cases. Logically, the substance has been evaluated to be hurtful because of its addictive esteem. Physiological impacts are additionally issues connected to cannabis use which what's more involves consequences for smell, taste or even solid. Mutilations on profundity observation can result into genuine mishaps when driving. The substance use has come about to uncontrolled framework in its generation to ensure shoppers of an unadulterated item using specialists or substance specialist. Being an illegal item, the costs are extremely high making the clients include in crimes looking for good cash to obtain the herb. Un-feasibility brought about by the high costs puts the substance in the hands of the hordes, packs or even substance masters expanding the wrongdoing rate. Legalization would mean a far reaching access by the overall population consequently unfortunate infants will be borne because of the apparent expanded utilization among moms (Khatapoush & Hallfors, 2004)

References

Caulkins, J. P., Kilmer, B., & Kleiman, M. A. (2016). Marijuana Legalization: What Everyone Needs to Know®. Oxford University Press.

Kilmer, B., Caulkins, J. P., Pacula, R. L., MacCoun, R. J., & Reuter, P. (2010). Altered state?: assessing how marijuana legalization in California could influence marijuana consumption and public budgets. Santa Monica, CA: RAND.

Khatapoush, S., & Hallfors, D. (2004). “Sending the wrong message”: did medical marijuana legalization in California change attitudes about and use of marijuana?. Journal of Drug Issues, 34(4), 751-770.

Lesson Plan

Lesson Plan: Nuggets of a Dynamic Business Structure

[Author Name(s), First M. Last, Omit Titles and Degrees]

[Institutional Affiliation(s)]

Author Note

Lesson Plan: Nuggets of a Dynamic Business Structure

Definition of Business

Under the Business Law, a business is termed as a legal practice that comprises of activities such as the production of goods, purchase and dissemination of products or rendering services by engaging an individual or a group of individuals with an aim to earn profits along with the drive of satisfying the consumers ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"FU11BtJM","properties":{"formattedCitation":"(Needle, 2010)","plainCitation":"(Needle, 2010)","noteIndex":0},"citationItems":[{"id":78,"uris":["http://zotero.org/users/local/2y0xTiQs/items/GP4RHYKE"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/GP4RHYKE"],"itemData":{"id":78,"type":"book","edition":"5th ed","event-place":"Andover","ISBN":"978-1-84480-613-3","language":"en","number-of-pages":"578","publisher":"Cengage Learning","publisher-place":"Andover","source":"Gemeinsamer Bibliotheksverbund ISBN","title":"Business in context: an introduction to business and its environment","title-short":"Business in context","author":[{"family":"Needle","given":"David"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Needle, 2010).

Types of Business

Depending on the nature and scope of the organizational operations, the business entities are categorized into four different legitimate forms:

Sole Proprietorship

The form of business which is solely run by an individual. The sole proprietors own the equity and the profits earned and are liable for the debts and expenses incurred by the trade. This form of business is not considered as a legal entity and the owner and the business are non-separable (Nithman, 2015).

Partnership

An association among two or more individuals that participate in business to raise mutual benefits (wealth) which is then shared amongst the partners on a contracted proportion. This type of business obliges the partners to sign a legal agreement to engage in a business activity entailing the details of business name, period, capital from the partners, and their share, etc., but it is not considered as a legal entity.

Limited Liability Company

A form of business that is legally entitled to do business, separate from the individual proprietors. Such companies are required to be registered with the Corporate Affairs Commission and the Memorandum and Articles of Association.

Corporation

A separate, legitimate business entity managed by a group of individuals or companies recognized as a Board of Directors (Bayern, 2016).

Tax Classifications

In the US, tax classification determines how the entities desire to be viewed by IRS i.e. Internal Revenue Service from a tax viewpoint CITATION Wri18 \l 1033 (Wright, 2018).

In the case of a sole proprietorship, both the business forms are not legal entities due to which the liabilities, expenses, and income belong to the owner of the businesses who can pay off its debts and tax liabilities by selling its assets and profits.

Conversely, the Corporations are recognized as lawful entities which although enjoy reduced tax rates as compared to single taxpayers but are liable to double taxation i.e. when the same owner and shareholder pay tax twice on a single income source.

In a Limited Liability Company, the profits solely belong to owners but they are taxed with personal tax rates that greater than the corporate rates.

SMART Timeline to Begin Structuring a Business

To start a new business, the organizational goals play a vital role in directing the operations and success of the business. So the first step of an organization is to set goals which should be SMART i.e. an acronym for the following elements ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Ylgo6wZb","properties":{"formattedCitation":"(Shahin & Mahbod, 2007)","plainCitation":"(Shahin & Mahbod, 2007)","noteIndex":0},"citationItems":[{"id":85,"uris":["http://zotero.org/users/local/2y0xTiQs/items/LY8Q52MZ"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/LY8Q52MZ"],"itemData":{"id":85,"type":"article-journal","abstract":"Purpose – The purpose of this paper is to provide an integrated approach that prioritizes organizational key performance indicators (KPIs) in terms of the criteria of SMART (Specific, Measurable, Attainable, Realistic, Time‐sensitive) goal setting. Design/methodology/approach – The research was carried out using the analytical hierarchy process (AHP) technique as the basis for pairwise comparisons of SMART criteria, considering each KPI. Findings – A new approach is outlined, encompassing step‐by‐step guidelines for decision makers to conduct the prioritization process of SMART KPIs. The results of the case study highlight the applicability of the proposed approach and the calculation process for prioritizing KPIs. Research limitations/implications – The rating scales used in the AHP analysis are conceptual; although it identifies which dimensions require improvement, the proposed approach does not provide guidance on an appropriate action plan to address deficiencies; another limitation is that the framework adopted only the SERVQUAL service dimensions. Originality/value – This paper gives a novel approach for prioritization of KPIs. The proposed approach has a holistic mechanism; it could empower decision‐making teams; it is capable of enhancing advanced quality engineering approaches; and provides great opportunities for future research.","container-title":"International Journal of Productivity and Performance Management","DOI":"10.1108/17410400710731437","ISSN":"1741-0401","issue":"3","page":"226-240","source":"Emerald Insight","title":"Prioritization of key performance indicators: An integration of analytical hierarchy process and goal setting","title-short":"Prioritization of key performance indicators","volume":"56","author":[{"family":"Shahin","given":"Arash"},{"family":"Mahbod","given":"M. Ali"}],"issued":{"date-parts":[["2007",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shahin & Mahbod, 2007):

Specific goals are clear and precise which helps the business to move in a specific direction.

Measurable in terms of quantity and quality to determine the success of the objects.

Attainable goals can only determine its feasibility.

Realistic and result-oriented goals are determined by the availability of resources and performance indicators.

Time-sensitive goals follow a time frame helping firms to measure their success.

Legally-binding Agreements (Contracts)

Under the state and federal contractual legislation, an agreement that obligates two or more parties to follow the terms and conditions of the contract ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"hKKgpN5K","properties":{"formattedCitation":"(Stim, 2016)","plainCitation":"(Stim, 2016)","noteIndex":0},"citationItems":[{"id":89,"uris":["http://zotero.org/users/local/2y0xTiQs/items/Y868YBVD"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/Y868YBVD"],"itemData":{"id":89,"type":"book","abstract":"Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts such as “waiver,” “indemnity,” and “most favored nation.” Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contracts with explanations illegal and dangerous contract clauses to watch out for what to expect if a contract is broken up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements.","ISBN":"978-1-4133-2300-9","language":"en","number-of-pages":"497","publisher":"Nolo","source":"Google Books","title":"Contracts: The Essential Business Desk Reference","title-short":"Contracts","author":[{"family":"Stim","given":"Richard"}],"issued":{"date-parts":[["2016",8,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Stim, 2016)

Evaluation test

#

Questions

Yes

No

May be

1.

Have you understood the types of business entities?

2.

Does the definition of business appropriate?

3.

Do you find the differences among the types of business entities?

4.

Are the characteristics of sole-proprietorship described sufficiently?

5.

Do you have an understanding of the Corporation business type?

6.

Is the description of tax classifications ample to know tax liability?

7.

Whether the SMART goals help in the structuring of business?

8.

Do you have an understanding of double taxation?

9.

Does the explanation to contracts describe them fully?

10.

Do you feel the provided explanations for the topics are up to date?

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Needle, D. (2010). Business in context: An introduction to business and its environment (5th ed). Andover: Cengage Learning.

Shahin, A., & Mahbod, M. A. (2007). Prioritization of key performance indicators: An integration of analytical hierarchy process and goal setting. International Journal of Productivity and Performance Management, 56(3), 226–240. https://doi.org/10.1108/17410400710731437

Stim, R. (2016). Contracts: The Essential Business Desk Reference. Nolo.

Bayern, S. (2016). The Implications of Modern Business–Entity Law for the Regulation of Autonomous Systems. European Journal of Risk Regulation, 7(2), 297-309. BIBLIOGRAPHY \l 1033

Wright, E. (2018, October 25). 3 Types of Business Tax Classifications. Retrieved from Spring Hill chamber of Commerce: https://springhillchamber.com/3-types-of-business-tax-classifications/

Nithman, R. W. (2015). Business Entity Selection: Why It Matters to Healthcare Practitioners: Part I-Conceptual Framework, Sole Proprietorships, and Partnerships. The Journal of medical practice management: MPM, 30(5), 358.

Literature Review: Project Plan And Literature Review

Smuggling

[Name of the Writer]

[Name of the Institution]

Smuggling

Introduction

Smuggling is the illegal transportation of objects, substances and goods from the international border and transits through different means. It might also include person but that talks about the issue of the human trafficking that has completely different moral and legal implications. The act of smuggling is the violation of the applicable laws of the country as well as other regulations. There are different reasons due to which people might be motivated to smuggle goods and other belongings. There might be a case of drug trade, or they might be looking for the exotic wildlife trade. There are cases of the illegal emigration as well as the tax evasion that might prompt people to be part of the smuggling.

History of Smuggling

Smuggling has a long history in terms of the fact that it started with the dawn of time itself. Most of the times, smuggling is used in the context when the contraband items are attempted to be moved from international transit without following the safety regulations and laws of that country. It was in 13th century that smuggling considered to be a legitimate problem when it was seen that it was causing considerable damage to the life and populace of the people. The merchants would use to smuggle goods so that they are able to circumvent prohibitions as well as the avoid embargoes on certain goods and products. Most of the history that belongs to the smuggling refers to the historical and legal records. The problem with such official records is that they only detail the activities that were reported under the law and does not take into account the instances when these efforts were carried out without much notice by the legal authorities. One of the reasons that the smuggling started was the high level of duties and taxes that were levied on teas. Wines and other luxury goods and the merchants would start to smuggle these goods to make sure that they are able to avoid legal penalties and repercussions for these cases.

Types of Smuggling

There are various types of smuggling activities that are carried out at the different point of time. Some of the examples of the range of activities that constitute smuggling are as followed.

Goods

Most of the times, the instances of smuggling occur when the enterprising merchant attempts to make sure that they supply and demand for the good or service is heavily taxed. Most of the times, the duties and taxes are one of the prime reasons that the people are motivated to smuggle goods from the international border. As in most of the cases these are the luxury goods that are smuggled, so the merchant that tends to smuggle these goods is able to charge heavy premium for these goods in the illegal market. It has to be noted that the profits that are involved in the smuggling of the goods are quite lucrative. The profits for the obvious matter are also derived from the avoidance of the duties and taxes that are levied on the imported good. So not only the smugglers are able to bring their down their cost, they are able to charge the heavy premium on these goods.

Wildlife Smuggling

The wildlife smuggling happens due to the demand for the exotic species and animals across the globe. There is high element of risk involved when such a movement is carried out. There are many bodies that are trying to regulate the practice of making sure that how the transfer of animals from one country to the another is controlled. There is human trafficking and organ trafficking as well that are being talked about in the context of the smuggling, but the fact is that their nature is inherently different as compared to the other instances when the legal and ethical implications of the smuggling are supposed to be carried out.

Economics Behind Smuggling

Despite the fact that the smuggling has been carried out for quite some time now, one does not get to see enough economic research with regards to the way smuggling is being done at the broader level in the region. Most of the economists are of the point of view that how smuggling can be viewed as import substituting activity. The main consideration though that has to be kept in mind is that there is certain warfare consideration as well when one talks about the extent to which the smuggling is being carried out at the given point of time. The argument is being made that how smuggling might cause the lack of enhancement of the social welfare and how it does not provide any implicit benefit to the society. There are other implications as well such as the fact that how government loses the control of the international good trade, the impact on the fiscal recovery as well as the prevalence of the black market.

Different Methods of Smuggling

There are various methods that are being used when one talks about the way smuggling is being carried out. There is concealment and containment that is being done on the clothing of the person. This has been done at the most extensive level and is one of the common ways through which the smuggling activity is carried out. There are some smugglers that tend to hide the whole transportation vehicle and the ship that are supposed to be used to bring about an illegal good an area. The other thing that is being done is that the border checks are being avoided such as overloading the cargo in the container and the ship and strategically placing it among the areas. The illegal crossing of the border is one of the other things that include the whole thing. There are some extreme measures as well that are taken by people such as hiding the smuggled items in their body and clothes. There are many people who are being caught during the course of the smuggling activity by the authorities but there are people who are still lured in this thing due to the higher reward that it provides to them. The existence of the Multi-Consignment Contraband (MCC) smuggling method (smuggling two or more different types of contraband such as drugs and illegal immigrants or drugs and guns at the same time) was verified following the completion of a study that found 16 documented cases of smugglers transporting more than one type of contraband in the same shipment.

Conclusion

Smuggling is something that is being used and talked about in different context. Most of the times, the illegal transmission of the good, person and some other units is being termed as smuggling. It has to be noted that smuggling is considered to be an illegal activity and the punishments in some of the countries are considerably harsh when someone who is involved in smuggling is being caught. In popular perception smuggling is synonymous with illegal trade. Even social scientists have misconstrued smuggling as illegal trade.[32]While the two have indeed identical objectives, namely the evasion of taxes and the importation of contraband items, their demand and cost functions are altogether different requiring different analytical framework. As a result, illegal trade through customs stations is differently considered, and smuggling is defined as international trade through ‘unauthorized route’.

References

Adler, P. A. (2016). Wheeling and dealing: An ethnography of an upper-level drug dealing and smuggling community. Columbia University Press.

Bhagwati, J., & Hansen, B. (2017). A theoretical analysis of smuggling. The Quarterly Journal of Economics, 172-187.

Collins, C. (2015). A smuggling approach to the passive in English. Syntax, 8(2), 81-120.

Gallagher, A. (2016). Human rights and the new UN protocols on trafficking and migrant smuggling: A preliminary analysis. Hum. Rts. Q., 23, 975.

Joossens, L., & Raw, M. (2017). Cigarette smuggling in Europe: who really benefits?. Tobacco control, 7(1), 66-71.

Joossens, L., Chaloupka, F. J., Merriman, D., & Yurekli, A. (2017). Issues in smuggling of tobacco products. In In Tobacco Control in Developing Countries.

Pitt, M. M. (2016). Smuggling and price disparity. Journal of International Economics, 11(4), 447-458.

Magistrate Court

Magistrate Court

Peter

[Enter Name of the institution]

Magistrate Court

Magistrate Court in the UK Law system

In the UK law system, a Magistrate Court is a lower-ranked court, which holds cases pertaining to the summary offenses, and some initial hearings for the cases of more critical nature. In some jurisdictions in England, their role expands to include cases relating to family proceedings as well. According to the statistics shared in 2015, the number of the magistrate’s courts were around 330, working in different jurisdictions with different nature of cases in hand. The Magistrate Court Act of 1980 in England and Wales sets out the rules governing the jurisdictions of these courts. It is interesting to note that each case which ends a criminal court, kicks off in the Magistrate court. The roles and functions of the Magistrate Court in the UK Law system are limited to sentencing powers (community sentences), which are related to short custodial and deciding about the fines of smaller nature. Crimes which the society generally refers to as serious or indictable crimes, like murder or rape are also presented in front of the magistrates, but such cases end up in the Crown Courts.

Magistrate Court among the Court hierarchy

Among the court hierarchy, the Magistrate court comes in the lowest strata. Both in England and Wales, the legal jurisdiction does not extend beyond deciding matters pertaining to communal importance. However, in almost 95 percent of the cases, the Magistrate Court end up in deciding about the verdict while just a few of them go toward the Crown Courts. Due to the nature of the criminal courts, their sentencing powers are limited, which can normally go up to 12 months in case of custodial cases, pertaining to two or more cases. Other than the Magistrate Court, there are many different kinds of courts. In general, civil courts are for disputes where an individual (including corporations) has been harmed in a way that doesn’t constitute a crime. Those would include everything from cutting down a neighbor’s tree to manufacturing defective products. Criminal courts determine the guilt or innocence of a person charged with a crime. Other courts deal with various property rights or disputes about wills and estates (probate), maritime disputes, etc. Courts of equity involve disputes not asking for money damages, but for the performance of some action such as writs, injunctions, or specific performance of a contract. It suggests that the Magistrate Court’s decision could be challenged in any superior court.

Role of the Magistrate Court

The Magistrate Court is often connected to police stations and have access between police cells and courts, however, the courts are slowly being consolidated, into combined justice centres that cover Crown, County, and the Magistrate’s court as well. Magistrates have powers to punish on “summary offensive”, some discretion on “triable either” which means that they can punish themselves, within their limits, or indict to Crown. Then there are offenses that require indictment only. The clerk of the court, a qualified lawyer, advises and issues many orders. Effectively the magistrates are a jury who have done a short procedure course. Most of the powers rest with the clerk, since they are interpreters of the law. In some courts, there is only one magistrate who is a full-time judge, also, they are often used for issuing orders to remand prisoners and often without a public gallery. The Magistrate Court can issue orders for the seizure of assets for certain civil infractions such as not paying your council tax. The officers carrying out the order have more powers than county court bailiffs do.

How the research has changed?

Our perception about the UK legal system was not revealed as to be much different, before conducting this research. We believe, that as like the legal system in America and other European Countries, the UK legal system prefers more transparency and is more interdependent. Compared to the roles of other courts like the Crown or Criminal courts, the magistrate’s courts knob more cases, for the fact that it is more approachable by the citizens. This research has, however, opened up the perception that transparency is ensured for the fact that the criminal system is interdependent and each aspect of the court leaves an impression over the stakeholders.

Bibliography:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Anleu, Sharyn Roach, and Kathy Mack. Performing Judicial Authority in the Lower Courts. Springer, 2017.

Doherty, Brian, and Graeme Hayes. “1 The Courts.” Breaking Down the State, 2015, 27.

Helm, Rebecca K., and Valerie P. Hans. “Procedural Roles.” The Oxford Handbook of Criminal Process, 2019, 209.

Humphreys, Richard. “Enhancing Our Justice System.” Studies: An Irish Quarterly Review 107, no. 425 (2018): 52–56.

Robinson, Gwen. “Transforming Probation Services in Magistrates’ Courts.” Probation Journal 65, no. 3 (2018): 316–334.