Explain why religious people might find it right to break the law.
Crime and Punishment Essay ? Explain why religious people might find it right to break the law. (5 marks) Christians say that everyone should be treated equally. Jesus said, "Love your neighbour as yourself". This meant that everyone should be treated equally. If there was a law in a country that did not treat people equally then some Christians would find it acceptable to break the law as they believe that they law was not fair to some people. Christians believe in the law of love and would not go by a rule that was unjust to anyone. An example of this is when Martin Luther King broke the law in a peaceful way because he felt the law was unfair towards black people and that they had a lack of civil rights. This was an example of how the government was not treating people equally. Hindus have two kinds of law. One is the law of the government and the other is the law of Dharma. Hindus would see it acceptable to break the government law if it was contradicting with their Law of Dharma. Hindus, like Christians would also break the government law if it goes against common rules of decency and morality. An example of this is when Mahatma Gandhi fought in a peaceful way against the English that ruled in India who were treating Indians as if they were lower than the English. He also campaigned against the idea of "untouchables" and the injustice of the caste system in India.
Explain how constitutional conventions differ from laws and discuss, with the use of examples, their general purpose and impor
Explain how constitutional conventions differ from laws and discuss, with the use of examples, their general purpose and importance. In the country we live in, Britain, there is no such thing as a written constitution. Relying on the basis of legal rules, our constitution is spread out in many written sources of constitutional law as the legislation (acts of parliament for example) and judicial precedents (decisions of the European Court of Justice in relation to Community law). However, there are also rules observed by the Sovereign, Prime Minister, other ministers, members of parliaments, judges and civil servants, which are not included in any judicial decisions or Acts, called constitutional conventions. It is difficult to define what are also named the rules of morality due to the different opinions given by distinct men in political life. Dicey delineate them as "understandings, habits or practices"1 while G. Marshall believes "conventions are non-legal rules regulating the way in which legal rules shall be applied"2. Being a major part of the British constitution, they function as a "record of successful applications or precedents"3 and accept the "patterns of social behaviour and opinion"4 of an evolutionary nation. Even though they are not enforced by courts, due to their constant progression adapting to current events, these rules of constitutional behaviour are
Describe the system of appointing and training Lay Magistrates.
2(a) Describe the system of appointing and training Lay Magistrates. Lay Magistrates are individuals who are not legally qualified but receive training to hear certain cases in the United Kingdom judicial system. These include summary and triable either way offences as well as referrals of indictable offences to the Crown Court. Also a Magistrates' Court may deal with liquor licence applications and the issuing of arrest warrants and bail conditions as well as youth and family cases. Lay Magistrates who hear youth and family cases must receive special training as detailed later in this essay. The first Lay Magistrates appeared in 1361 under the traditional name of 'Justices of the Peace'. Since then, they have played an increasingly major role in the judicial system within the United Kingdom. Lay Magistrates have powers to impose a sentence of up to six months' imprisonment and they can also enforce community penalties, compensation and fines. There are now around 30,000 Lay Magistrates in the English legal system and they hear around 98 per cent of all criminal cases. Since Lay Magistrates play such a vital role in our system of justice, it is important that they are appointed and trained in a suitable manner. Especially important in the appointment process is for the appointment of Lay Magistrates to reflect the wide spectrum of society within the local
Euthanasia In Canada
Euthanasia in Canada There is substantial debate nowadays, both among the public and the politicians, about euthanasia. While the government is hesitatant to venture into morals and ethics, it appears that euthanasia is gaining more press coverage, in light of the Sue Rodriguez and Robert Latimer cases. Indeed, the issue is difficult to resolve, and despite few advances, the government has enacted penalties in the Criminal Code to punish assisted suicide. Without reservation, euthanasia is illegal in Canada. An increasing number of people are turning to doctor-assisted suicide. As a result of a more liberal political arena, more people are agreeing that some form of euthanasia must be acceptable in specific circumstances. Politicians, and the courts, claim that the country is not yet ready for such a climate. The characterization of pro-euthanasia advocates by their counterparts as selfish, taking the easy way out, disrespectful way of life, and challenging human dignity is misconstrued. Pro-euthanasia groups advocate self-dignity, personal choice, economic well-being, happiness, family support, and individual rights. The word euthanasia simply means good death, but has come to mean causing death with intent, whether by doing something, or by omitting something. Euphemisms of the pro-euthanasia movement include "right to die", and "death with dignity". The term "passive
Magistrates - Explain the role that magistrates play in the criminal justice system
Magistrates (a) Explain the role that magistrates play in the criminal justice system Magistrates are involved with many aspects of the criminal justice system and have lots of jobs to do. Criminal cases where the offence in summary or triable either way are heard by magistrates. Summary would be cases with minor offences such as speeding and drink driving, whilst triable either way are potentially more serious cases such as theft, burglary or ABH. Magistrates will listen to the case presented by the defence and prosecution, decide on the verdict and pass sentence. 3 magistrates will sit on every case. A magistrate has sentencing restrictions and can give a maximum of 6 months prison, £5000 fine or 240 hours community punishment order per offence. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. A clerk is a paid professional and must have 5 years experience of being a barrister or solicitor to get appointed. A clerk can give legal advice but can't be seen to influence the decision of the magistrates. In the case of R v Eccles a clerk was thought to have influenced the magistrates decision and a successful appeal was launched. All summary cases are heard by magistrates. A triable either way case can be heard in a magistrate's court or in the crown court if the offence is deemed too serious. A magistrate will conduct
Why was an allowance system introduced in Staffordshire in 1811?
Question 1 Why was an allowance system introduced in Staffordshire in 1811? From looking at source A, I have found no direct reason why this system was introduced in Staffordshire. However there must have been a large number of paupers for a meeting of JP's to be held. This might have been the case because of a population explosion. This will have lead to a high rate of unemployment, along with changes in working methods came machines, which took the place of a manual worker. This will have made it extremely hard for paupers to find work. Without work the breadwinner of the family would not be bringing a wage into the house. If the breadwinner died then his family would lose its major income, leaving them with no option but to ask the parish for relief. Another case would have been a period of "slack" trade. This would have mean that the family would go trough a period of having very little money if any at all coming in. If these periods lasted for a long time and the breadwinner was out of work or doing casual work then the paupers would become more and more poor, and depending on relief from the parish more and more. Even in good times of trade the paupers wages were barely enough to support his family. In these good times of trade casual workers were employed, to either work part time or for a short spell maybe until the spell of good trade ended. When these
Analysing a Tennis Player
Analysing and Improving Candidate Number: 0204 Candidate Name: Brendan Assibi The player I'm going to observe and analyse is Daniel Doyle. I'm going to analyse his tennis in his role as a singles player. Skills needed to be a good singles player > Mental Skills > Good anticipation > A good knowledge of the rules > Good strategies for different circumstances > Use opponents weaknesses for your own advantage > Good positioning > Speed > Imagination and innovation > Agile / Mobile / Good reactions > Ability to play a whole variety of shots. Daniel is very good at getting around the court to make up for lost ground or mistakes. Daniel is also good at putting strength into shots he manages to play. Thus making his opponent struggle to get to the shots. Daniel also has the ability to place his shots around the court to great effectiveness. Making it ever so difficult to play the attacking shots you would want to play. Daniel is also very nippy around the court, which enables him to get around the court with ease. Daniel has a number of weaknesses. Daniel finds it pretty hard to play his backhand drives. This is a serious weakness considering that it is a shot you're going to have to use throughout any tennis match. So it mustn't be overlooked otherwise it could be disastrous. He also lacks the ability to play attacking shots. For example if you lobbed Daniel,
The aims and principles of the 1834 Poor Law Amendment Act.
Module tutor - Stephen Cunningham. The aims and principles of the 1834 Poor Law Amendment Act. In the decades prior to the national reform of the Poor Law in 1834, the characterisations of the administration were of variety rather than uniformity. The social and economic changes at this time produced many problems for those that were responsible for the social welfare. Many areas throughout the country though found solutions to this problem within the legal frame-work of the Elizabethan Poor Law of 1597-1601. In the initial stages the amendment act was set up to reduce the amount of poor rates that were being paid. In the first ten years of the amendment act the amount of relief being paid was reduced to a national average of four million to five million a year. One of the principles of the amendment act was to encourage the 'poor' to work for what they received because poverty was looked upon as the fault of the individual, so therefore the amount of relief that was payable was set at a rate that was lower that the lowest paid labourer. This was enforced to dissuade people from claiming benefits, so in the mid to late 1800's many workhouses were built to house the poor and thus forcing them to work, often in squalid conditions. This is a quote by the assistant poor law commissioner: "Our intention is to make the workhouses as like prisons as possible... our object is
Mary and Jodie - the cruellest choice
Mary and Jodie - the cruellest choice The argument over the separation of Mary and Jodie has caused frustration, disturbance, and religious dispute. This is due to the fact that Mary [the weaker and pitiable baby] relies entirely on Jodie to keep her alive. Mary's heart is unresponsive and so are her lungs. Her blood and oxygen are supplied by Jodie's heart and lungs. Mary cannot even cry because she has no lungs of her own, her state is described as deplorable. Never the less, if the twins are kept un-separated they would both die in a matter of weeks. This situation brings up many moral issues and questions. Below I will answer the 2 main questions everyone has on their mind. 1) Is the separation, of Mary and Jodie, intentional killing? 2) Who should make the decision of Mary and Jodie's fate? Is the separation, of Mary and Jodie, intentional killing? Some have argued that separating Mary and Jodie violates the principle that human life is sacred and that no-one should be allowed to kill and innocent person. But it is not the death of one twin that secures the life of the other. Suppose that the twins were separated and the Mary received donated organs that secured her life. The fact that the weaker twin did not die would not in any way obstruct (or help) the survival of Jodie. The death of Mary is not a solution, but a 'side-effect'. Theoretically, to kill
Law of Homicide
EXPLAIN THE ELEMENTS OF actus reus and mens rea IN THE LAW OF HOMICIDE? Actus Reus is a term used in criminal law and is Latin for "guilty act". Literally the Latin phrase means bad act. The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crimes. For example, the crime of theft (Theft Act 1968) requires appropriation of property taking something belonging to another (actus reus). Coupled with the intent to permanently deprive the owner of the object. This is the (mens rea) which means guilty act in Latin. The phrase "actus reus" denotes one of the elements the must be proven by the prosecution before anyone can be liable for criminal punishment. A murder statue for example, typically prohibits the "killing of a human being". So without the "actus reus" there can be no criminal liability. The R v Lewis 1971 case concerned the victim who broke her legs by jumping of the windows when her husband threatened to hurt her if she did not open the door. So she jumped of the 3rd floor window to escape from him because she knew that if she opens the door she was going to get beaten as usual. So when they took this to court the man was found guilty of grievous bodily harm under S.18 of the Offence Against the Person Act 1861. Mens rea is the Latin term for "guilty mind" and it is usually one of the important
