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AS and A Level: Machinery of Justice
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Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems
In this decree contractual bundling was not allowed, but technological bundling was allowed. On October 20, 1997, the Department of Justice alleged that Microsoft violated the 1995 consent decree by bundling Internet Explorer with the Windows operating systems, and requiring computer manufacturers to distribute Internet Explorer with Windows 95. The Department of Justice petitioned the District Court to find Microsoft in civil contempt. Judge Thomas Penfield Jackson issued a preliminary injunction barring the bundling of Internet Explorer with Windows on December 11, 1997. This preliminary injunction was voided by the Court of Appeals (DC circuit)
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I will look at different black theologies and different theories of justice, and attempt to compare them, concluding with which system of justice makes for an ordered flourishing community. Communitarian Theories of Justice
As mentioned earlier, both are concerned with the necessity of an individual contributing towards society as a whole. Essentially, communitarian theories seem to follow on from individualism. Furthermore, the theories of Marx (1818-83), Hutcheson (1694-1746) and Rousseau (1712-78) could be counted as communitarian in principle. However, I am going to examine John Rawls' A Theory of Justice in detail. Rawls begins by assuming certain truths about humans with the intention of establishing a "social contract". Firstly, people are assumed to be self-interested, as egoism and self-preservation are natural conditions, clearly demonstrated in the realms of the animal kingdom.
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(1927) defined a gang as an "interstitial group originally formed spontaneously and then integrated through conflict". It is characterized by the following types of behaviour: * Meeting face to face. * Movement through space as a unit. * Conflict and planning. The result of this collective behaviour is the development of tradition, unreflective internal structure, solidarity, morale, group awareness, and attachment to a local territory. According to (Thrasher, 1927), all childhood playgroups are potential gangs. The transformation from playgroup to gang occurs when youths encounter others who oppose or display disapproval for their group.
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"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"
It was during the period of "modernity" which stems back to the 18th century, that notions of tradition, feudalism and superstition began to be replaced by reasoning, science and exploration. There was a move away from harsh penal conditions and a move towards reforming individuals. It was during this period of modernity that there existed societal consensus and a general air of optimism which generated high levels of trust and respect for people in authority. During the mid-1980s post-modernism emerged as an area of academic study, and it is this which currently describes today's developed world.
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Also there appears to be limited resources specifically for women, and their offending is less accepted in society. Furthermore, the majority of women are affected by one, or a combination of the following factors; single parenthood, homelessness, unemployment and addiction, thus indicating that re-integration into the community will be more of a challenge. It is acknowledged that efforts are being made to improve the services offered to women via the introduction of NOMS (National Offender Manager Service), new policies and new legislation, however these are not without some expected limitations. It is appreciated that women are not a homogenous group of individuals and that some may not face any or as many resettlement problems on release.
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What Impact will Formalising Plea Bargaining have on Justice and Equality in the English Legal System?
English procedures provide more information to the parties and to the court. Unlike most American jurisdictions, English law requires defendants to disclose before trial the nature of their defences and the matters on which the defence intends to join issue with the prosecution. As a result of English trial proceedings being more efficient than American procedures, there is less plea bargaining in England than in the United States. The system of plea bargaining is known to be commonly used in the United States but it has always been thought to be used only very cautiously in England and under strict and carefully constrained conditions.
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Advantage in the criminal justice system is heavily dependant upon access to and control over resources that can be mobilized to influence others to one's own advantage.6 Racial minorities remain relatively powerless in a justice system which uses emotionally charged fears to legitimate politically expedient right wing policies of get tough, law and order solutions to the crime problem, which pose little threats to entrenched interests.7 As perceptions of social well-being and security are shaped in this fashion, divisions between us are both reinforced and legitimized.
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This they submitted made him at fault on a point of law. The case W v Lambeth2 was produced by the appellants who used it to show that the Court of Appeal had made their decision per incuriam (i.e. in error, because some relevant precedent or statute was not correctly considered by the court). In A v Lambeth3 the Chadwick LJ had incorrectly concluded that there was no power under s.17 of the Children Act 19894 for the housing authority to accommodate a family. The appellants in this case stated that the trial judge had been wrong in considering whether there was or was not a duty on the housing authority to provide suitable alternative accommodation before he had decided whether or not to make an order.
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While it is apparent that manifest forms of discrimination contribute to aboriginal criminality, it is the latent effects of subjecting a nation to a justice system so contrary to their cultural traditions that is the heart of this issue. A national crisis has emerged from the inherent inability of the Canadian criminal justice system to reconcile the unique needs of aboriginal offenders. In Bridging the Cultural Divide, the Royal Commission on Aboriginal Peoples suggested that the criminal justice system is a crushing failure due to the "fundamentally different world views of Aboriginal and non- Aboriginal people with respect to such
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Describe with the aid of examples, the authorities, representative bodies or persons that exercise some form of authority over the winding up process of a company in each of the type of winding up recognized by the Companies Act 1995.
Any disposition of the property of the company otherwise than by the liquidator is void. * The liquidator is to collect the assets of the company and to apply them in discharge of its liabilities. If there is a surplus, he must distribute it among the members of the company in accordance with the memorandum and articles of association. All powers of dealing with the company's assets, including the powers to carry on its business so far as may be necessary for its beneficial winding up, are exercisable by the liquidator for the benefit of those persons who are entitled to a share of the proceeds.
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Examine recent trends in the use of custody in respect of juveniles over the last two decades, and consider the effectiveness of incarceration in relation to the problem of crime.
The responsibilities of Youth Offending Teams include supporting police reprimands and warnings; supervision of community sentences; offering an appropriate adult service; providing bail information, supervision and support; remand fostering and approved lodgings during pre-trial period; court work and the preparation of reports; and undertaking post-release supervision following a custodial sentence (Pitts, 1999). Whilst the 1998 Crime and Disorder Act does not specifically mention deterrence, research indicates that magistrates use sentencing decisions as a form of deterrence from committing crime (Parker et al, 1989 & Fagan 1991 in Pitts, 1999).
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"If the Constitution is the source of governmental power, and the judiciary interprets the Constitution, then the judiciary is the most powerful branch of government" Discuss.
Of significance here is the outcome of the case - Marshall in the most important of all opinions ruled that Marbury should receive his commission. It should be noted at this point, and returned to later, that congress is given control over the jurisdiction of the Supreme Court. In the 1789 Judiciary act congress had legislated that, under article 13, writs of mandamus were unconstitutional. This therefore meant that the case (that had been brought straight top the Supreme Court)
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Of course, Politicians will look at the range of current sentences and decide whether they need altering, whether to add new ones or whether to remove them all together. The courts will consider: * The offence (s): the normal sentence for this offence, any factors that make the offence more or less serious; * The offender, his or her past record and present circumstances- whether the defendant has a settled job and at home, for example; * Guidance from the Court of Appeal.
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As the juvenile courts converge procedurally and substantively with the adult criminal courts, does any reason remain to maintain a separate juvenile justice system?
He is not calling for the reconstruction of the juvenile justice system but its total abolishment. While many of Feld's observations have scholarly merit, I must, nonetheless, distance myself from his calling for the abolition of the juvenile justice court, as well as those of many of his concurring, eminent colleagues in the criminal justice program. It is my position, that is better to invest money in programs designed to prevent juvenile delinquency, than in prison building or the criminal justice system, which has as its components incarceration, incapacitation, release and the adjudication of individuals who are in this system.
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The police, for example, are given discretion in regard to whether or not they will arrest a particular lawbreaker. When arrests are made, judges are then able to exercise discretion in setting the amount of bail (p. 130). Vago notes that the use of discretion is particularly integral "to the daily routine of police officers" (p. 159). There are some benefits to the ability of police officers to use initiative; for example, it increases the efficiency of law enforcement operations on the streets by processing suspects expediciously and leaving the courts to decide their faith. However, this is a situation that also opens the way to possible miscarriages of justice.
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Reparation: Compensating victim, or society. E.g. returns stolen goods, Community service. Under POCCSA 2000 says courts are under duty to provide reason if they do not impose compensation order. Can be used in conjunction with other sentence. 2. Sentencing Practice in the Courts * Court usually considers both offence and background of offender as well as the AIMS of sentencing. * To do this if guilty plea, prosecution outline the fats of case. Defendant asked if agrees. If not Newton case held.
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age it is very common for experts to be called upon to convey their expert knowledge in relation to a wide variety of court cases. This can range from cases where the expert will have to assess the mental competence of the defendant at the time of a crime to others where they will sum up and discuss the implications of DNA evidence. As recently as 1957 however expert witnesses were not commonly used in the court system. This was to such an extent that Lord Justice Patrick Devlin stated during the trial of suspected serial killer Dr John Bodkin
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