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.
The Drug Accessibility in Prisons Heidi VanMetre Criminal Law for Criminal Justice CJ230-02 August 7, 2006 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. Even though prisons have camera, a large amount of guards, and strip searches of the inmates after visitations, the prisoners have become intelligent enough to discover the secrets of getting drugs inside of prisons. Not only are drugs in prisons a threat to the other staff and inmates due to the diseases that get spread, they also become a "threat to the community because if an inmate does not stop their drug habits while incarcerated, they have greater of a chance at re-offending once released" ("Drugs in Prisons", 2005). Many people wonder how staff and visitors do not get caught with the drugs they bring inside of the prisons gates. Most are intelligent enough to know that when entering a prison one will be searched and patted down. So to get drugs inside of prisons "people bring them In body cavities, or carried in by staff who do not receive a search, and put in the false bottoms of shoes and on the back of envelope stamps" ("Drugs in Prisons",2005). A person will go through just about any type of measure to get drugs into a prison facility for extra cash
Company Law
Section 14 states 'Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and articles' Lord Greene MR said of this provision that it had been "the subject of considerable controversy in the past, and it may very well be that there will be considerable controversy about it in the future" (Beattie v E and F Beattie Ltd [1938] Ch 708 at p.721). Since Parliament enacted the Companies Act in the mid- 19th century, English companies legislation has contained a declaration that a company memorandum and articles of association constitute a contract which binds the members. At present, s.14 of the Companies Act 1985 establishes the statutory contract. The section stipulates that the memorandum and articles bind a company and its members as though these documents had been signed and sealed by each member and contained covenants on the part of each member to observe all their provision. Hoffman LJ did affirm the contractual status of the articles of association and the memorandum in the case of Harrison & Sons plc [1994]1 and in Hickman v Kent or Romney Sheepbreeders Assoc [1915]2, the articles contained clause saying disputes between
![Are there any natural rights? "A man may choose whether he will become a civil servant or a schoolmaster, a conservative or a socialist, but he cannot choose whether he will be a man or a dog."[1]](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/87859/listing/87859_1.jpg)
Are there any natural rights? "A man may choose whether he will become a civil servant or a schoolmaster, a conservative or a socialist, but he cannot choose whether he will be a man or a dog."[1]
Are there any natural rights? "A man may choose whether he will become a civil servant or a schoolmaster, a conservative or a socialist, but he cannot choose whether he will be a man or a dog."1 Natural rights are perceived as the inherent and original rights of human nature, which equally belong to all men without exception, and which are possessed solely because of their human condition. They are held to stem from a concept of natural law, whatever definition may be attributed to the term. The theory of natural law and natural rights of man is, however, an obscure one. It seems a strange law, which is unwritten, has never been enacted, may even be observed without penalty, and imposes peculiar rights which are entitled prior to all specific claims within an organised society. It may be just an example of 'social mythology', but such an idea is still intriguing. For, to disregard it completely is to deny all its evident psychological, political and legal effects, and to adopt it fully is to be blind to man's own imperfections. "That men are entitled to make certain claims by virtue simply of their common humanity has been equally passionately defended and vehemently denied."2 H. L. A. Hart once asserted that "if there are any moral rights at all, it follows that there is at least one natural right, the equal right of all men to be free."3 And the proposition that all men
Critically assess the impact of the way in which media and politicians represented the murder of James Bulger by Venables and Thompson on youth justice policy and practise over the last ten years.
CJS2007 Critically assess the impact of the way in which media and politicians represented the murder of James Bulger by Venables and Thompson on youth justice policy and practise over the last ten years. On February 12th 1993 Jon Venables and Robert Thompson abducted a two-year-old boy from a shopping centre in Liverpool. The pair then proceeded to beat and murder him. At the time of the murder Venables and Thompson were only 10 years old. The murder of James Bulger has been one of the most notorious that Britain has ever seen. It caused outrage and disgust, 10 years later the James Bulger murder still causes much controversy. Venables and Thompson were found guilty of murder and sentenced. The trials judge justice Michael Moorland said they should be locked up for 'many many years' he recommended the pair be detained for at least 8 years. The chief lord justice then recommended that the term should be at least 10 years. The final decision rested on the home secretary Michael Howard. He decided the pair should not be considered for parole until they had served at least 15 years. The pair would be detained at secure care homes and a youth offenders home until they were 18 then be moved to an adult prison to serve the rest of their sentence. At the time this seemed like the right sentence to give for such a horrendous crime, but even at the time there was much controversy.
Critical Analysis of Butler Machines V Ex-Cell-O Corporation.
Critical Analysis of BUTLER MACHINES V EX-CELL-O CORPORATION The facts of the case were as follows; on May 23 1969, the claimant sellers offered to deliver a machine tool for the price of £75 535 on their terms of business set out in the quotation, which were to prevail over any terms in the buyers' order. The sellers' terms included a price variation clause whereby it was a condition of acceptance that goods would be charged at prices ruling at date of delivery. The defendant buyers replied on May 27 1969, giving an order with differences from the sellers' quotation and with their own terms and conditions containing no price variation clause. The order had a tear off acknowledgment for signature and return which accepted the order "on the terms and conditions thereon." On June 5, 1969, the sellers, after acknowledging receipt of the order on June 4, returned the acknowledgment form duly completed with a covering letter stating that delivery was to be "in accordance with our revised quotation of May 23 for delivery in March/April 1970." Before delivery, the sellers invoked the price variation clause and claimed £2,892 for the increase due to the rise in costs which had ensued. The buyers refused to pay this additional sum claiming they were not contractually bound to do so. The sellers accordingly sued the buyers for damages. The trial judge upheld the sellers claim on the
Can Arbitration be combined with other forms of dispute resolution?
Can Arbitration be combined with other forms of dispute resolution? Before considering whether arbitration can be combined with other forms of dispute resolution or to address it by its generally acknowledged title 'alternative dispute resolution' it would be prudent to examine the shared background against which the debate concerning both these forms of conflict resolution as alternatives to litigation have emerged. It is only by putting these into context that one can appreciate there growing acceptance. This will then be followed by an examination of arbitration and 'alternative dispute resolution' which should allow the individual to appreciate their similarities and lead one to ask the question 'why the need for ADR?'. The term 'alternative dispute resolution' does not describe one model but rather it encompasses several models and as such it will be necessary to review a number of these. This will not be an exhaustive exercise but will serve to illustrate a number of the more generally accepted models. It will then be possible to examine the similarities and differences that distinguish arbitration and ADR. before considering whether it would be practicable or not to combine arbitration with other forms of dispute resolution. This paper will concentrate upon the domestic arenas as opposed to the international arenas. One can argue persuasively that the Western
Referring to examples of their work, assess the influence of the Law Commission and Royal Commissions on the process of law reform.
Scarlett Hayes 12R1 Referring to examples of their work, assess the influence of the Law Commission and Royal Commissions on the process of law reform. he Law Commission was set up to "take and keep under review all of the law...with a view to its systematic development and reform...". For this reason, it has a large influence on the process of law reform. It is a full-time body that consists of a Chairman who is a High Court judge, four other Law Commissioners and many support staff. They research areas of law that are of concern and draft Bills with appropriate reforms to be proposed. In the first 10 years that it was set up, 85% of their proposals were enacted, from 1975 to 1985 50% of their proposals were taken u. However, in 1990 there was none and a lack of Parliamentary interest. To deal with this, the Jellicoe Procedure was introduced in 1994 to enable a Specials Committee of the House of Lords to debate non-controversial Bill. This made sure they passed through Parliament more quickly. In 1994 to 1995 13 reports became law down to the Jellicoe Procedure. However, since then the Jellicoe Procedure has been scarcely used, except for in the Powers of the Criminal Courts (Sentencing) Act, 2000. Taken as a whole, about two thirds of the Law Commission reports have been enacted. In 2004 7 reports had been enacted, 17 had been accepted and were waiting implementation and
Case Studies on Lawful Arrest
Course W100: eTMA 4: David. Using 'common sense rules', 'concealing a handbag matching the description of the stolen handbag', represents suspicious behaviour which should be explained. However the advice as to whether the need to explain can be avoided because of unlawful arrest must be given relative to analysis of specific legal rules. Those rules are contained in the Police and Criminal Evidence Act 1984, as amended by the Serious Organised Crime and Police Act 2005 (hereinafter 'PACE'). Specifically, arrest without a warrant (a summary arrest) by a constable is governed by s.24 of PACE. S.24(3)(b) provides that "where an offence has been committed, a constable may arrest without a warrant ... anyone whom he has reasonable grounds for suspecting to be guilty of it." PC Patel reasonably believed he knew that an offence had been committed (from his radio call). Absent the radio call, PC Patel may well still have had 'reasonable grounds for suspecting that an offence has been committed' as provided for in s.24(2) based simply on David's running away (if he had done so) when stopping him to ask something. As David was wearing the same type of jacket as the person suspected of stealing the handbag, in tandem with his decision to run away rather than cooperate, PC Patel fairly unequivocally had 'reasonable grounds for suspecting' David. It might be possible to argue
Do You Feel That Custodial Or Non-Custodial Sentences Have The Most Impact In Controlling Crime?
DO YOU FEEL THAT CUSTODIAL OR NON-CUSTODIAL SENTENCES HAVE THE MOST IMPACT IN CONTROLLING CRIME? In this essay I will be talking about crime and its effects on society and the people who live in it, the problems with controlling crime. Furthermore, I will be looking at forms of sentencing in the criminal justice system, problems with the current method of custodial sentencing, including its effects on prisons, alternative methods of sentencing and finally questioning the possibility of a change in the sentencing framework. Feelings about crime are both contradictory and complicated. Crime is a highly emotive issue for people, particularly for those who have lived in the same area for many years and perceived its fabric being eroded by vandalism, burglary, drug and street crime. Many feel that society is trapped in an irreversible decline, which criminal justice institutions are powerless to stop. These views tend to lead to feelings of anger and bewilderment that translate, at the most immediate level, into a demand for a tougher, harsher response to crime. However, it is also perceived that simply punishing people is not enough. There is a frustrating feeling amongst the more liberal thinkers, that there has to be a better way of doing things: sentencing has to prevent crime and tackle its causes, otherwise it does no more than take bad people off the street for a while.
Briefly outline where juries can be found and explain the selection and qualification procedures used in the jury system.
Juries A) Briefly outline where juries can be found and explain the selection and qualification procedures used in the jury system. Juries can be seen in many areas of our legal system. The most obvious is when they are found in the Crown Court, deciding the verdict of the trial. However jury trials account for less than one per cent of all criminal trials, but nevertheless play an important role in cases such as murder and rape. Juries are also seen in the High Court, dealing with such cases as defamation, false imprisonment, malicious prosecution and allegations of fraud, they will decide if the accused is liable and if so decide the amount awarded in damages. The County Court also uses juries for the same types of cases as the High Court, and their role is also identical. The last court to use juries is that of the Coroner's Court, where the jury will decide the cause of death in circumstances such as deaths in prison, in police custody, industrial accidents or where the health and safety of the public is involved. In the Crown Court, an official is appointed who is responsible for summonsing enough jurors to sit at the cases to be heard over the course of the fortnight. The jurors are randomly selected from the electoral register, for the area that the court covers. Summons are then sent to the correct number of people required, these people must attend for two
