The criminal justice system must make every effort to use technological advances to their advantage.
Technological advances in our society continue to grow and the criminal justice field, and those that work within the system, must adapt to the changes. Not only are people communicating with one another rapidly, they are putting their personal information on their computers which makes them vulnerable to identity theft. This new world of computers and the internet is shaping the way we conduct our day-to-day business but leaves the door wide open for abuse. Large computers are used to track reservations for the airline industry, process billions of dollars for banks, manufacture products for industry, and conduct major transactions for businesses because more and more people now have computers at home and at the office. "When computers were first introduced into businesses, computer crime was defined simply as a form of white-collar crime committed inside a computer system" (Summer 13). Information processing has grown into a gigantic industry. Those with vast computer knowledge can use it against any person or a huge corporation. Law enforcement must deal with crime on the street and cyber crimes which adds one more aspect to their job that many may not be accustomed to. This means training officers, adding new technology to local, state and federal law enforcement agencies and quite possibly hiring new staff to assist in bringing everyone up to speed. Law
Ability of the Court of Appeal to develop and change the law.
Ability of the Court of Appeal to develop and change the law As the C of A now considered itself bound by the decision in Young v Bristol Aeroplane i.e. bound by its own previous decisions. The ability of C of A to develop the law has been limited. Nevertheless the c of a is still developing law. The principal ways are as follows: - Distinguishing The Court of Appeal will distinguish from a previous case if it feels that to be right e.g. Balfour v Balfour 1919 The husband took up a position aboard, his wife did not accompany, as she was unwell. The husband promised to send a monthly payment to the wife. He failed to keep up the payment and she sued. The wife lost, the court held that it was a domestic and family arrangement, which the courts would not enforce. Merritt v Merritt 1971 A husband and his wife separates and made a written agreement about the disposition of the property include the ownership of the house. The husband failed to carry out his side of the arrangement and the wife sued. The husband relied on the discretion on the case above that domestic and family arrangement was not enforceable. The court held that the arrangement was enforceable and distinguished that the decision in the case above on the grounds that the arrangement was in and was therefore was intending to be binding. In coming to this decision the Court of Appeal overturned what had been
Law coursework. County court There are about 230 county courts, so most major towns will have a co
Law coursework. County court There are about 230 county courts, so most major towns will have a court. These counts can try nearly all civil cases. They are: All contract + tort claims plus all cases for the recovery of land. And Partnership disputes, trusts and inheritance for the value of £30,000. In addition some county courts can hear divorce cases, bankruptcy cases, admiralty cases ( normal limit £3000 or £15000 for salvage cases) and matters under race relations act 1976.County court can try small claims, fast track and multi track cases. Its workload is for greater than the high court. Cases are nearly always heard in open courts and member of the public are entitled to attend. The only exception is cases involving family matters. Hearings are more formal and many claims will be represented by a solicitor or sometimes a barrister winner of case may claim costs of legal representation. This makes the cases in the county court more expensive than in the small claims court. Cases are heard by circuit judges but some cases may be allowed a jury of eight. Fast track cases Claims between £3000 + £15000needed a faster and cheaper method of being dealt with. Average weeks of waiting were 85weeks. Cases were also expensive and now the district judge + the county court send allocation questionnaires to see if the cases over £1000 and up to £15000 are dealt with in
Is the law relating to negligently caused psychiatric damage satisfactory?
Is the law relating to negligently caused psychiatric damage satisfactory? The law relating to negligently inflicted psychiatric harm, or 'nervous shock' as Courtspeak has dubbed it, is one of the most recent, evolving and controversial areas of the law of torts. However, it is submitted that, in this area of the law, a legacy has been left of vagueness, illogicality and injustice. The area is therefore ripe for a special study. This essay will aim a trident of criticisms at the current law: Firstly, the current principles are so unacceptably vague as to make predicting the outcome of cases very difficult. This has repercussions for practitioners and claimants. Also this has surely been shown by the tangled mass of case-law. From the expansion of McLoughlin v O'Brain (1983), to the complex turgidity of Alcock v Chief Constable of South Yorkshire (1992), the hope of Frost v Chief Constable of South Yorkshire (1997) and the reaction of White v Chief Constable of South Yorkshire (1999), the legacy is one of uncertainty and contradiction. Along the way we find islands like Hevican v Ruane (1991), and vortexes like Hunter v British Coal Corporation (1998), but none manage to lift the gloom of uncertainty. Clearly this has ramifications for practitioners in advising clients, judges in deciding cases and the public as to their responsibilities. Secondly, the current position is
In law there are three different rules which have been set to interpret all rulings with, these are the literal rule, the golden rule and the mischief rule. The main rule is the literal rule
Timed essay Nathalie Hartland In law there are three different rules which have been set to interpret all rulings with, these are the literal rule, the golden rule and the mischief rule. The main rule is the literal rule. This follows the law to the word doing exactly what the law says it to. An advantage of the literal rule is that it respects parliamentary sovereignty. A big disadvantage though is that by sticking to the original meaning this can sometimes lead to absurdities and unjust solutions for example Whitley v Chapell (1868). The law says that when a person is voting that they are not allowed to impersonate 'any person entitled to vote'. By imitating a dead person and using the literal rule he was able to get away with it as he was not technically breaking the law as a dead person is not entitled to vote. The next rule is the golden rule. This is very similar to the literal rule, the spotlight is still the wording of the law but the actual meaning of a word can be modified to stop absurd outcomes. An example of this is shown in the case Adler v George. The defendant was charged with obstructing a member of the armed forces 'in the vicinity of any prohibited place'. He argued that 'in the vicinity' actually meant near to and because he was actually at the scene of the crime that he could not be charged. But the court applied the golden rule to make 'in
In 1848 gold was discovered in California. By 1849 people (mostly men) arrived in California. People came from all over the world attracted by the gold. Bannack was the major site of gold discovery in 1862
Harrison Clarke History Coursework Question 2 From this source it clearly shows that living in early mining towns meant having to live with crime and a lack of organisation. Evidence for this is "with his trusty rifle" This shows crime because guns were banned in most towns but there's no government to enforce this. In 1848 gold was discovered in California. By 1849 people (mostly men) arrived in California. People came from all over the world attracted by the gold. Bannack was the major site of gold discovery in 1862. Most buildings are made of a wood frame and log construction, even though these towns were mostly temporary. The problems included racism "coming from all corners of the earth." The clash of culture caused many fights and murders throughout the west at that time. Being that no law and order had been set up because these mining towns were so far away from the central government, there were no railways. This posed a major problem as they would need to transport gold and supplies into and out of the towns. However the discovery of gold did lead to the development of the Union and Central Pacific railways. Gold was hard to find, many men, having left their families, found nothing and could not afford the long journey back east. There was no woman; however this led to businesses such as prostitution, bars and saloons being built which brought people and
Judges As Lawmakers
Business Law Judges As Lawmakers The power to make law belongs to the legislatures, judges can only apply that law to decide cases. Neither the judges have the power to make law, nor the courts have that power. That puts the whole issue of judicial activism in another perspective. Judges are overstepping their role by making law rather than only interpreting the right way the already existing one and applying it. When the law does not state clearly what can and what can not be done, it's the judges job to clarify it and not by all means to make a whole new one, as it often happens. Let's say "common law" includes every area of law where judges rather than legislatures have made most of the rules, and let's say that "statute law" is where legislators are the lawmakers. Common and statutory law, are very different. Common law is a network of concepts. One could phrase those concepts in many different ways, but they would still be the same concepts. The law is in the concept, not in the choice of words. Statutory law is not like that. When creating or using a statute, one has to use the exact words. If other words are used, he or she will almost certainly be changing the law. When judges decide cases governed by statutes, they generally assume that the legislature had a good reason for reaching the policy conclusions expressed in the law. The decisions of the highest
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The 4 law schools provided the Islamic community with a structure for Islamic life. Describe the process through which Shariah law was developed
Jo Batty Part A - The 4 law schools provided the Islamic community with a structure for Islamic life. Describe the process through which Shariah law was developed (20m) The Shariah is the Islamic law for Muslims; the word Shariah means a clear straight path, the way in which God wants men to walk. The whole idea of the Shariah is to set down for Muslims exactly what they should and should not do; the Shariah grew from early Muslims encountering social and political problems. The Shariah is based on the Qur'an, the word of God and tells Muslims how to live there lives but as Muslim scholars tried to work out how Muslims should live their lives they discovered that some areas weren't covered by the Qur'an. So Muslim scholars looked to the Hadith and the Sunnah for guidance. The Sunnah which is the life of the Prophet Mohammad and the Hadith which are the sayings of the Prophet Mohammad where looked at because Mohammad was the seal of the Prophets and so therefore must be the final example of how a perfect human being should live. If the Qur'an, Sunnah and the Hadith doesn't fails to help with problems Muslim scholars will turn to Ijma this is where decisions are made by a group of lawyers, consensus of opinion, Qiyas is used too to sort out problems, this where analogy is used to sort problems and lastly Ijtihad will be used to sort problems, this is where problems are
Der konkrete Ausdruck dieses Doppelkampfes der industriell-agrarianischen Koalition gegen die Nachba
Der konkrete Ausdruck dieses Doppelkampfes der industriell-agrarianischen Koalition gegen die Nachba Kehr here asserts that the Navy Law of 1900 and the 1902 tolls were the result of a conflict waged simultaneously against neighbouring states and the proletariat by a coalition of the industrial bloc and the agrarian bloc. This bloc was accused by Kehr of isolating Germany by conflict with neighbouring states. Cheap Russian grain scared the conservative agrarians' livelihood, whilst the Tsarist regime scared the liberal industrialists. Equally, the British democracy and industrialism scared the agrarians, whilst the British economic power scared the industrialists. This is the conflict with the Nachbarstaaten referred to by Kehr. The conflict against the proletariat was another aspect of the coalition's activity. Blackbourne and Ely saw Germany as a primarily middle classed society by this time and so support in suppressing the wants of the proletariat would have been forthcoming. The rush to increase the size of the army was a result of the desire for a subservient society that recognised the overriding rights of the monarchy above all else, and conscripted soldiers were taught as much about which way to vote as about warfare during their terms, a course which ended in time for them to begin voting appropriately when they reached 25. The buergerlich army was there to