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University Degree: Other Jurisdictions

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  1. Northern Territory Emergency Act and the Constitution

    underlying causes as: 'The classic indicia of children likely to suffer neglect, abuse and/or sexual abuse are, unfortunately particularly apparent in Aboriginal communities. Family dysfunctionality, as a catch-all phrase, reflects and encompasses problems of alcohol and drug abuse, poverty, housing shortages, unemployment and the like'.5 It was this report which was the catalyst for the events which followed. On June 21, John Howard labeled it a 'National Emergency' and announced an intervention which included bans on alcohol and x-rated pornography in 73 Aboriginal townships and communities and Government takeover of Aboriginal community leases.6 The proposed bill was criticized as a

    • Word count: 4317
  2. Compare and evaluate the success of the drug control policies of Sweden and the Netherlands.

    As a result drug addicts have always been seen as patients in need of help rather than as criminals requiring punishment, (Chatwin, 2003, p568 and quote p568, and Mol & Trautmann, 1995, p16). This liberal policy where there were provisions for drug addicts was born through a radical amendment of the Opium Act in 1976 which also involved an attempt to differentiate between drug markets. There was a distinction made between 'hard' drugs, which involve an unacceptable degree of risk to society (drugs such cocaine, heroin and amphetamine), and hemp products, which are known as 'soft' drugs, (Dorn, Jepsen, Savona, 1996, p97).

    • Word count: 3941
  3. In Common Law countries, such as Australia, there are two primary systems of law that govern how litigation is conducted. These include the adversarial system of law and the inquisitorial system of law.

    The role of the judge in such a system is to act as an arbiter of justice, by ensuring that fair process is followed rather than illicit facts and evidence from either party. It is the responsibility of the parties for defining issues in dispute and for investigating and advancing the disputes.1 On the other hand, some courts feature the inquisitorial system, where the court seeks to be actively involved in determining the facts of the case. Under this system, the judge plays a more active role both prior to and during the trial phase, and may even participate in

    • Word count: 1801
  4. Paul Cronan Case Analysis

    Subsequently, Mr. Charles O'Brian told 3 of his supervisors and also his successor, Mr. Richard Griffin, about Mr. Paul Cronan's medical condition (7). Mr. Charles O'Brian stated that he had been instructed by higher management to find out the cause of Mr. Paul Cronan's unsatisfactory attendance record and that the 3rd request by Mr. Paul Cronan offered the opportunity to discover the truth (8). Upon discovering Mr. Paul Cronan's medical condition, Mr. Charles O'Brian followed company policy and procedure and requested Mr. Paul Cronan to be examined by the company doctor (9). The company doctor concluded that Mr.

    • Word count: 2331
  5. In today's world, the problems of drug access in prisons have increased dramatically. Visitors and staff are the main sources of the drugs because they have the easiest connections to the outside world.

    Although inmates feel like they are better than others when they have a source for drugs, this becomes the reason for many fights that break out behind bars. In prison, "drugs because a source of power, criminal influence and are used as currency. Many incidents of violence can be attributed to drug trade activities" ("Drugs in Prison", 2005). Being high on a drug in prison may have more of an effect on the inmate's actions due to the hostility and hatred in prisons.

    • Word count: 3990
  6. Sir William Macpherson's inquiry into the investigation of the murder of Stephen Lawrence

    Many black and Asian people felt that police officers would 'discriminate on the grounds of race, colour, ethnic origin or national origins when using their powers.'7 Although some may argue that a simple stop is not the same as an arrest and is just a device employed to be fully certain that you are not a criminal, a search tends to be 'a lot mote intimidating, more serious and "an invasion of privacy" than a simple stop.'8 Many black and Asian people claimed they were stopped on several occasions and believed it to be due to the colour of their skin.

    • Word count: 1776
  7. Provocation in murder cases

    Whether if there is provocation, the provocation was sufficient as aforesaid, and whether it did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide are questions of facts. It is only in the clearest cases that it should be withdrawn from consideration on that basis-per Briggs J.A. in Chacha s/o Wamburu If the facts of a case disclose provocation, in arriving at a judgement, the court will consider the direction laid down by Briggs J.A.

    • Word count: 3643
  8. Paul Cronan Case Analysis

    Later on, Cronan requested to be put on medical leave. During his time off, O'Brien had revealed to Richard Griffin, the new supervisor, of the reasons behind Paul Cronan's absence. Months later, when Cronan felt that he was fit to return to work, he asked Griffin to be put in a less volatile environment due to the nature of his illness. This proves that as the supervisors of Cronan, they had the obligation to the safety and well-being of Paul Cronan. This point also proves that there were other members in the department, not just Griffin and Paul Cronan.

    • Word count: 1533
  9. Hate crimes in this country are indeed at an all time high. According to the FBI, "a hate crime is a criminal offense motivated by bias, particularly against a given race, religion, disability, ethnicity, nationality, or sexual orientation

    The average person to commit a hate crime is someone who is said to resent a groups growing economic power. These people are said to engage in what is known as scapegoating. Others who commit hate crimes could feel a threat to there homes and/or property. Desegregation of public housing is thought to be a good example of this type of motivation. Lastly, you have what are referred to as thrill seekers and the mission offenders. Thrill seekers are the type of people randomly target random people of minority group to harass or assault.

    • Word count: 872
  10. Ms. Bates approached the EPA to help her with her case against Alumina. One of the EPAs main concerns is with water and verifying all water remains clean

    They are responsible for researching and setting national standards for all states and tribes. The EPA can issue sanctions and take other steps to assist the states and tribes in reaching desired levels of environmental quality. The Agency works to assess environmental conditions and to identify, understand, and solve current and future environmental problems. (EPA website) Thus, one area the EPA covers is the prevention of water contamination. The Clean Water Act of 1972 exclusively protects the surface water quality. The act does not deal directly with ground water or with water quality issues.

    • Word count: 2349
  11. The Importance of readily available environmental information in European law

    Finally, I discuss the key points of comparison and divergence between European and domestic law. THE EUROPEAN DIMENSION: A BACKGROUND Prior to February 14th 2005, Council Directive 90/313 EEC3 ("the old Directive") provided for the freedom of 'access to information on the environment'. Effectively, this instrument, by itself, has been seen as setting into motion a greater climate of transparency, accountability and openness, through informing European Union citizens about environmental issues4. According to Meehan, Directive 90/313 EEC represented "the EC law standard below which public access [to environmental information] is not to fall".5 Before the implementation of the old Directive

    • Word count: 7475
  12. achieving justice in respect to issues of Morality such as Abortion and Euthanasia is merely impossible. In a society that is as diverse as Australia, being able to reflect the whole of societys morals and values would be impracticable and unachievable

    If men and women try to create a society in which there is no fundamental agreement about good and evil, they will fail; if, having based it on common agreement, the agreement goes, the society will disintegrate." It could then be suggested that, a society like our own, having areas of criminal law which endures never-ending moral conflict, will than continue to experience legal instability. This is evident in respect to the legality of Abortion and Euthanasia where no common ground can be found in order to have laws that are complied with and are effective in achieving justice.

    • Word count: 2044
  13. Critically examine the role of Women in the Mafia Organisation.

    With recent changes in society and changes in the mafia itself, over the last couple of decades more and more people have spoken out about the Mafiosi. Also improvements in policing and investigating have made it possible to gain access into the previously impenetrable world of its members. The mafia has traditionally operated as a secret society for men, and therefore as an organization its outlook upon women suggests that women are too be honored and respected as wives but dominated and excluded as women.

    • Word count: 1584
  14. Security for costs - Defending an arbitration, particularly in complex disputes can be expensive.

    2GB of the HKAO bring fundamental changes to the law and practice of arbitration in Hong Kong. In s. 2GB(1), it provides "When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing with any of the following matters- (a) requiring a claimant to give security for costs of the arbitration;" The arbitrator now has the power to order the claimant to give security for cost. Importantly, the parties cannot contract out of this provision. Applications should now be made to the arbitrator and not to the court The Terms of the Order Security under the HKAO can only be demanded from a claimant or, in accordance with s2(1)

    • Word count: 1651
  15. "Commercial English" - "Barnes & Noble vs. Amazon.com".

    Although consumer expenditures on books grow every year, the annual growing rate decreasing because of the growing popularity of 'book substitutes' such as cable TV, VCRs, and video games. The bookselling chain began with authors who sold the rights of their works to publishers in return for a royalty. Publishers usually sold books to wholesaler who distributed them to retailers where the books were bought by individual customers. 2.1. Publishers In the United States, there are almost 40,000 publishers but 88% of all sales were restricted to the 20 biggest publishing houses.

    • Word count: 3295
  16. "Crime occurs when societies do not provide the institutional means necessary to secure socially desirable goals" Does this statement adequately explain the persistence of crime in western societies?

    For example, a minimum wage earner will look at his situation and reason within himself, "What will I lose if I commit a crime and am caught?" If in his mind he perceives that his current life is a prison of debt, despair, and doubtful advancement, he figures that he might as well try to succeed in a crime that may actually pay off in a big way and quickly. On the other hand, an individual with a better paying job will most likely have so much more to lose.

    • Word count: 1450
  17. "I keep six honest working men, they taught me all I know, their names are WHAT, WHY and WHEN, and HOW and WHERE and WHO" Rudyard Kipling.

    The deficiencies in previous police investigation techniques were obvious including generalisations and trivialisations of rich accounts with important details ignored. RMH training services limited teach Fraud investigators how to interview the accused in several styles so that information is obtained. During the 1980's researchers investigated the value and use of interviews and the product of this stream of work was the new Cognitive Interview (CI), which was based on memory principles and theories behind trace retrieval and was designed to steer the interviewee into giving more accurate and vivid biographical accounts.

    • Word count: 1184
  18. Does Arresting Batterers Do More Harm Than Good?

    Sherman and Schmidt searched for alternatives methods other than mandatory arrest and looked at five policy recommendations. The first recommendation is the repealing of mandatory arrest laws. Arrest is also only a short-term solution, and in the end, it may just make your situation worse. The batterer will only be in custody for a little while, and when they get out, you may be hurt again. As stated by Sherman, "Mandatory arrest policies may thus protect working-class women but cause greater harm to those who are poor.

    • Word count: 1709
  19. International Law: The Role of Foreign Lawyers in Japan

    Until recently, foreign attorneys have found high barriers to practising in Japan, this being part of a protectionist trade policy. With Japan increasingly facing greater pressure from the western nations, trade barriers against legal services have started to be broken. In 1986, the Special Measures Law was passed, whilst in 1994 as part of the Uruguay Round of the GATT talks, further reform was proposed resulting in a new bill. At present, the law does not allow foreign law firms to open offices under their own name, but only that of their partners at that office.

    • Word count: 2242
  20. "The Legal Aspects of Management in China".

    Majority rule of shareholders: All the powers of a company may be exercised either by the shareholders in general meeting. A company's decisions are made on the basis of majority rule. Statutory protection of minority: The ordinance provides certain safeguards in an effort to ensure that the majority power principle is not abused. - The holders of 5 percent of the paid-up capital of the company which carries the right to vote at general meetings may requisition the directors to call a meeting.

    • Word count: 1314
  21. How does this examination of the Prison Medical Service, challenge conventional ideas around the role of the Medical Service Providers in prison?

    Reform Already in the 18th Century reformers had recognized that Gaols were cruel unfair and inefficient as pointed out by Sim, J. The work of reformers such as John Howard, Sir George and Elizabeth Fry led to Sir Robert Peel to pass the Gaols Act in 1823 to encourage Gaols to be more secure, more healthy and to separate prisoners by category and gender. It wasn't until 1842 new prisons were starting to be built to enable this new act to be carried out.

    • Word count: 613
  22. Death Penalty - Alternative Executions Presentation.

    It was not only the need for more reliable techniques, but the increasing problem of public executions. These instances forced the states to question these two issues that became greatly associated with capital punishment. By the turn of the 19th Century, the social elites and aspiring middle classes began to associate public executions with the worst of society. Those who continued to attend public executions, especially women, were seen as vulgar and unrefined if their tastes were "...low enough to enjoy a hanging."(p152)

    • Word count: 1554
  23. Explain why aboriginal title is described as sui generis interest in land.

    has asserted that the judicial treatment of indigenous rights in North America and New Zealand serves to illuminate three fundamental principles of common law native title which illustrate it as sui generis interest.3 First, indigenous communities were considered to be sovereigns in their own right at the time of colonisation, thus the source of aboriginal land rights in the newly acquired territory is the pre-existing, communal occupancy of and sovereignty over the land by aboriginal people at the time of assertion of paramount sovereignty to that territory by the colonising state.4 Secondly, prior occupation /prior sovereignty gives rise to the powers to control resources on reserve/retained land, as well as diminished self-government rights for indigenous peoples.

    • Word count: 2099
  24. In this report I am going to be critically anaylising the changes that have been brought forward following the Larence Report which was written by Sir William Mcphereson in 1999.

    Program for change Diversity Strategy This program has already realised significant improvements in the way in which we deal with issues which are high on the agenda for the community that the police serve serve: The setting up of a cadre of specially trained family liaison officers who provide the vital link between the senior investigating officer and the family of victims of homicide. All these officers have been trained about the differing cultural needs in London. These officers were deployed after the nail bombing campaign in Spring 1999 and the Ladbrook Grove rail disaster in October 1999.

    • Word count: 3558
  25. What do Criminological Investigations tell us about the Nature and Extent of Crimes of Violence against Women?

    However for the purpose of this essay we are concentrating mainly on violent crimes concerning women. Obviously a large part of violent crime towards women is based in domestic surroundings, but what do we know of this? What percentage of the female population that experience acts of violence in domestic surroundings actually report these acts to the police so that something may be done about it, and also that we can use the evidence to find out more about such acts and why there are committed.

    • Word count: 2336

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