Mandatory Minimums: A National Injustice

Brittany Kuzman Sister Marie Hubert Kealy Composition II 22 April 2005 Mandatory Minimums: A National Injustice Mandatory minimum drug sentencing is legislation passed by Congress in 1986 to create harsher punishments for drug offenders. These laws were created at a time when drug use was beginning to rise dramatically. This type of sentencing was meant to impose harsh, excessive sentences on any type of drug offense, despite other circumstances. While these laws seem good in theory, they were not well thought out. The creators and supporters did not consider the negative consequences of these strict laws. The injustices of federal mandatory minimum sentences have been present for years in the United States justice system. These laws are costly, unjust and excessive in our society. First, the most obvious effect of mandatory minimums is what it costs our nation financially. The sentences of drug offenders are now extremely long, and keeping large numbers of people in jail for long amounts of time is very costly. The U.S. taxpayers are the ones suffering because they are the ones that are forced to pay for these increasing costs. The cost of keeping just one person in prison is incredible. The cost of imprisoning just one person is on average 23,000 dollars per year. It is less expensive to put someone through college for four years than it is to incarcerate someone

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  • Level: AS and A Level
  • Subject: Law
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Outline the range of alternatives to the court that deal with civil disputes.

a.) Outline the range of alternatives to the court that deal with civil disputes. Until recently, if you had a legal problem, you would normally have to go to court or a tribunal in what is often called 'litigation'. This is still a common way of sorting out such problems. But going to court can be expensive and off-putting. Now there are more alternative ways of sorting out complaints and legal problems. Together they are often called 'alternative dispute resolution' (ADR) and include things like arbitration, mediation and ombudsmen schemes. In some types of problem, the courts encourage people to try these sorts of schemes first before they resort to the courts. Some of these alternatives are; Tribunals, inquiries, arbitration, mediation, conciliation, negotiation and ombudsmen. Tribunals. There are two types of tribunals Domestic tribunals and Administrative tribunals. Domestic tribunals are "in house" tribunals set up by private bodies for their own internal discipline. The General Medical Council and The Bar Council have tribunals staffed by senior members of the profession whom have powers to fine, suspend or disbar a member for misconduct. They must stick to the rules of natural justice and their decisions can be appealed against to the Judiciary. Administrative tribunals have a more general jurisdiction; to enforce citizen's rights to well fair and social

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  • Level: AS and A Level
  • Subject: Law
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Describe how civil disputes can be resolved without going to court (this does not include tribunals).

Alternative Dispute Resolution Essay By Chris Armstrong Describe how civil disputes can be resolved without going to court (this does not include tribunals) Resolution in the courts is not the only method of dispute resolution. If the parties can resolve their own differences then there would be no need to use the court system which would benefit all parties being the claimant, defence and the civil justice service. Although the court service is a good and fair way of dealing with civil disputes in might not be the ideal way in getting the best result for both the parties. There are four main ways of alternative dispute resolution (ADR) they are; Negotiation, Mediation, Conciliation and Arbitration (also known as a Formal Settlement Conference or mini-trial). Negotiation is a method whereby the two parties try to resolve their differences by sitting down together in the hope of reaching an agreement. By using this method it is cheap, private and quick. The parties can also use their solicitor or another legal representative if they fail in the negotiation process this method maybe more ideal because it will not incorporate any bad feelings or emotion which might prevent any resolution being agreed. When a dispute has being 'settled out of court' it has been resolved by negotiation and negotiation precedes the majority of cases due to be heard in the county court and

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  • Level: AS and A Level
  • Subject: Law
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Films Studies - Twelve Angry Men: The Dramatic dynamics of the legal process

) Discuss the factors influencing the way each of the members of the jury perceived the murder. Each of the members of the jury perceived the murder according to their own beliefs, values and social status. As the story unfolds, reveals the jurors' complex personalities, preconceptions, backgrounds and interactions. The most important factors that influence perception is personality, learning and motivation. The juror that strongly believes that the defendant is guilty is a very rude man and biased. A factor that affects his perceptual selections is that he sees the environment as hectic and unstable. On the other hand, he is influenced by the estrangement from his own teenaged son that causes him to be hateful and hostile toward all young people. That indicates that learning is a crucial factor, which affects perception. Henry Fonda is a liberal-minded, patient truth-and-justice seeker who uses calm logical reasoning. He is a conscious man that organizes his perceptions into neat categories and retrieve data quickly in an organized manner. At the same time, Fonda is motivated to make a fair judgement in the case and therefore he was determined to defend his opinion. Some of the jurors are prejudiced and have strong stereotypes about the defendant. For example, one juror believes that the defendant's negative background indicates that he is or will become a criminal.

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  • Level: AS and A Level
  • Subject: Law
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Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected.

Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (blood samples) for scientific analysis. Without the police having these certain powers then it would be nearly impossible to investigate any crimes. But it is also important for the police to remember that, at the same time, they do not unnecessarily harass ordinary people, and that those who are suspects are protected from overzealous police officers. The law on police powers is covered in the Police and Criminal Evidence Act 1984 (also known as PACE) and the codes of practice under section 66 of PACE. There are five codes, running from code A to E. Code A deals with the powers to stop and search, code B deals with powers to search premises and seize property, code C deals with the detention, treatment and questioning of suspects, code D deals with rules for identification procedures and code E deals with tape-recording of interviews with suspects. This essay will discuss the police powers of search, arrest and interrogation,

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  • Level: AS and A Level
  • Subject: Law
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Describe both the qualifications required for juries and the procedure for selecting a jury.

Describe both the qualifications required for juries and the procedure for selecting a jury? The basic qualifications required for jury service are laid down in the Jury's Act 1974. People are chosen from an electoral register at random by a computer. To qualify for jury service a person must be aged between 18 and 70. They must also have been a resident in the UK for at least 5 years since their 13th birthday. The person must be a British citizen. Everyone must take part of a jury service unless disqualified or excused. People with certain criminal convictions cannot sit such as; those who have been sentenced to life imprisonment or a custodial sentence of 5 years or more, those who have served a custodial sentence for public protection or have been given an extended sentence, those who are currently on bail. Those who cannot sit are also the mentally disordered persons. A judge can discharge any person from being a juror if they do not have the capacity to cope with the trial such as not being able to understand English or being blind or deaf. The Juries Act 1974 was amended by the Criminal Justice Act 2003 allows categories of people which used to be excluded able to serve on a jury. This included members of the judiciary and people involved in the administration or justice or the armed forces, the medical professions and MPs. Under the discretionary excusals, people

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  • Level: AS and A Level
  • Subject: Law
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Identify and Critically Discuss Problems Associated With Police Interviews and The Success With Which PACE Has Addressed These Issues.

Law (MS) Siân Lees 21/11/2002 Identify and Critically Discuss Problems Associated With Police Interviews and The Success With Which PACE Has Addressed These Issues Plan * Interviews can take place outside the police station ( not subject to most safeguards in PACE & police may conduct unofficial interviews ( the scenic route (P255) * Role of police (don't use innocent until proven guilty) don't find evidence to prove innocence( find facts to prove guilt( possible miscarriage of justice (John Baldwin, Royal Com., Gudjonsson's research) (P247) * Pressure on police ( secure convictions not facts( pressure to confess( possible miscarriage of justice (P247) * PACE safeguards for suspect (reasons why might not work) (P248) * Codes of practice( to deal with certain situations (P248) * Code C- caution ( usually on arrest (right to silence) (P248) * Tape recording (P249) * Right to inform someone of your arrest (36hrs. delay possible) (P249) * Free legal advisor (case of R 'v' Samuel (1988) and R 'v' Alladice (1988)) (P.249/250) * Appropriate adult(who is? (who needs one? (P252) * Treatment of suspects(adequate breaks/light/heat/ventilation (P252) (v sleep/food/refreshments * Record Of Interview (P253) * Exclusion of evidence (case of R 'v' Latif and Shahzad) (P253) Identify And Critically Discuss

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  • Level: AS and A Level
  • Subject: Law
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Explain the role of the CCRC (Criminal Cases Review Commission)

Leah-Christie Lochhead a) Explain the role of the CCRC (Criminal Cases Review Commission) b) Discuss the impact of the CCRC The Commission is an independent public body that was set up in March 1997 by the 1995 Criminal Appeal Act after recommendations of the Runcinman Commission. Their purpose is to review possible miscarriages of justice in the criminal courts of England, Wales and Northern Ireland and refer appropriate cases to the appeal courts. There are 9 commissioners in the UK all together (meant to be 11, but because of costs, this is not possible). They are professional people such as barristers, accountants, ex police officers and sometimes journalists. There is also about 60 support staff to help. Previously the power to refer a case was held by the Home Secretary, but this was not ideal because, they could favour the prosecution and would not have sufficient independence. The Home Secretary is part of the executive (government) and has links with the police. This means it is not right for a politician to be involved in legal matters. And the danger was that the police would close ranks and protect each other. There are positives and negatives with the CCRC. This will include cases that have been taken on by the CCRC, successes and the things that let it down. If further information comes into play, then the case will be sent to the CCRC and they will review it,

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  • Level: AS and A Level
  • Subject: Law
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The Death Penalty in Canada. There are many issues surrounding the rebirth of capital punishment in Canada; some say is it necessary under some circumstances. However, the key word in that sentence is some.

Twenty dollars is the cost of the last meal before an execution. One-hundred and fifty dollars is the cost for a new suit for the inmate to be buried in. This is what human life becomes boiled down to. Aileen Wuornos, a prostitute convicted of killing six men, opted out and had a cup of coffee instead. Capital punishment is a hugely controversial subject in many states in the U.S.A and has even been abolished from Canada. However, some people question whether or not it should be brought back. There are many issues surrounding the rebirth of capital punishment in Canada; some say is it necessary under some circumstances. However, the key word in that sentence is "some". How can one determine when another's life should be ended when in Canada, to prove guilt the juries only need reasonable doubt to convict? Well there are many doubts and questions surrounding the death penalty-what if the killing is for revenge rather than justice? What if the person executed was innocent, or mentally incompetent? Are the people handing out death sentences reliable, unbiased and fair? Finally, is the cost of capital punishment worth it even with all these risks? If the U.S.A has proven to us anything, it is that Canada should not re-establish capital punishment because it is not a deterrent to crime and places a lower value on human life. In the case of Aileen Wournos, there was

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  • Level: AS and A Level
  • Subject: Law
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Expert Testimony and Its Value In the Justice System

Matthew Bedford Expert Testimony and Its Role in the Justice System Student No: 036176 ________________ Contents Introduction 3 Background Information 4 Issues with Expert Testimony 5 The expert 5 The Evidence 9 Concurrent evidence 16 Conclusion 19 Introduction This project will analyse the current law relating to the procedures for the use of expert witnesses in England and Wales in relation to both criminal and civil trials. The project will highlight some of the issues in relation to expert testimony which have lead to miscarriages of justice. It will then consider the changes which have been proposed, such as those by the Chief Medical Officer (Sir Liam Donaldson) in his report on the use of expert witnesses in family law cases[1], and discuss how effective their implementation would be on fixing the issues which have been discovered. It will also consider whether changes should be made to the English system while

  • Word count: 6628
  • Level: AS and A Level
  • Subject: Law
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