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Freedom of Information vs. Privacy and Security, 2008.
A examination of the challenges that exist when attempting to find a middle ground between freedom of speech and privacy and security.
2,075 words (approx. 8.3 pages), 6 sources, APA, £ 41.95
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Abstract
This paper discusses the conflict between the concepts of freedom of information and privacy and security. The paper considers both sides of the debate as to which concept is more important in a democracy and attempts to elucidate the challenges that exist when it comes to finding a middle ground. The paper provides recommendations for improving outcomes.
Table of Contents:
Abstract
Introduction
Freedom of Information: An Overview
Freedom of Information Act
Problems that Can Arise Without Freedom of Information
Privacy and Security
The Need for Privacy and Security
Threats to Security and Privacy
Finding a Solution
Building Better IT Infrastructure
Defining Free Information
Conclusions
From the Paper
"The final issue that should be considered in the context of balancing freedom of information and privacy and security is that of clearly defining what is meant by information. Scholars examining freedom of information argue that what information should and should not be available remains a persistent challenge for most agencies [4]. Although efforts to address this issue have been considered in the past, the reality is that what should and does constitute free information varies from organization to organization and individual to individual. With this in mind, a clear definition of what information should be free and what free information is may provide a stronger basis for developing guidelines that will effectively improve safety and security while allowing government agencies to ensure that they protect personal data and national security."
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Miranda Rights, 2008.
This paper looks at the issue of criminal justice and provides an in-depth exploration of the utility of the Miranda Rights.
4,310 words (approx. 17.2 pages), 14 sources, APA, £ 72.95
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Abstract
In this article, the writer presents a discourse and analysis of the Miranda Rights, providing an analytical debate of both sides of the current legal issue in constitutional criminal justice. The researcher proposes that the efficacy of Miranda Rights are questionable largely because of how they are misused and how law enforcement agents "enforce" or fail to enforce them. Specifically, the paper reviews an issue the courts have recently decided involving the Miranda Rights, beginning with a factual analysis of the issue and synopsis of how it pertains to current criminal justice events. The writer also proclaims why this issue is worthy of consideration and provides the present status of the issue as well as both sides of the issue prior to offering any conclusions about the case at hand.
Outline:
Abstract
Introduction
Purpose/Review
Exploration of Utility of Miranda Rights in Modern Society
Opposition to Miranda Rights
Discourse of Efficacy and Controversy Related to Miranda Use
Implications of Miranda Rights
How Changes in Policy May or May Not Benefit Those Affected by the Miranda Rights
Discussion of How Proposal and Conclusions would Affect the CJS.
Conclusion
From the Paper
"The Miranda Rights are a subject of controversy and interest in the criminal justice field. Within the United States, the Miranda Rights refer to a warning provide by law force agents when a suspect becomes apprehended under police custody for one situation or another. The Miranda Rights also involve the courts, as they are presented to witnesses when they are in court and asked questions regarding their recollection or involvement with a suspected criminal or suspected criminal activity. The Miranda Rights for many are part of the rights provided to citizens as part of the Constitution. The Miranda Rights clearly state the incarcerated individual or one in police custody cannot be harmed by any statements made that are incriminating if the law enforcement agent in question failed to delivery the Miranda rights. There are many cases brought before the courts involving suspects that proclaim their Miranda Rights have been violated. This research proposal will review many such cases to determine the efficacy of the Miranda Rights in modern day law enforcement."
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"Roe vs. Wade": Ethical Position, 2008.
An examination of the morality of abortion, according to the legal decision in "Roe vs. Wade."
1,379 words (approx. 5.5 pages), 4 sources, APA, £ 29.95
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Abstract
This paper discusses the legal decision found in the case, "Roe vs Wade." The paper specifically focuses on the ethical considerations of the ruling with regards to abortion and when the termination of a pregnancy can be considered immoral. It discusses the stages of gestation and how that played a part in the legal decision in this case.
Table of Contents:
Introduction - The Decision
Legal Argument Supporting the Roe Decision
Ethical Argument Supporting the Roe Decision
Conclusion
From the Paper
"Conversely, mere "humanness" by itself does not necessarily give rise to ethical concern either, which is a position already incorporated into medical ethics (and penal law) as pertains to indefinitely comatose patients deemed unlikely to regain consciousness. In fact, in many respects, the unconscious brain-dead patient allowed by law to be disconnected from artificial life support is closely analogous to the situation of the fetus insufficiently developed to experience consciousness, but already capable of surviving outside the womb with intensive medical support. If it is ethical and legal to disconnect a fully developed adult human being by virtue of the indefinite lack of consciousness, then it is unclear how one would justify granting rights to the early-term fetus, based merely on its being human, provided it is not yet capable of sensing pain."
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Professional Ethics, 2008.
This paper discusses professional ethics and looks at an unethical case of business in which an attorney was involved.
1,565 words (approx. 6.3 pages), 8 sources, MLA, £ 32.95
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Abstract
In this article, the writer notes that no professionals are more maligned for being unethical than attorneys, yet attorneys are one of the few professions that have adopted and adhere to a strict code of professional ethics, the violation of which can result in the end of a career and other severe sanctions. The writer points out that in the United States, each state has its own rules of ethics for attorneys, however, the majority of estates have adopted rules that outline affirmative duties that an attorney owes to a client, in addition to listing proscribed behavior. The writer then discusses that one of the most dramatic cases of attorney ethical violations is the recent attempt by Durham, North Carolina Assistant District Attorney Mike Nifong to prosecute several members of the Duke Lacrosse team for the rape of Crystal Gail Mangum. Unfortunately, the complaining witness lied about the events that served as the basis for the charges. The writer maintains that from the beginning of the case, Nifong acted in an unethical manner, because he pursued a conviction, rather than justice. The writer concludes that while it may be easy to understand Nifong's initial position, how he acted when he had to have known that the complainant was lying, is simply inexplicable. There is no scenario under which the continued prosecution of clearly innocent people is permissible.
From the Paper
"In hindsight, Nifong's behavior was clearly unethical. However, it is far too simplistic to dismiss Nifong as a power-hungry prosecutor with a disregard for justice and truth that borders on the evil. To do so is a tremendous mistake, because it ignores some of the realities that prosecutors face every day. First, the complaining witness was a stripper. Sex workers are disproportionately likely to be victims of sexual assaults, and their status as sex workers immediately makes them appear less credible than other sexual assault complainants. Therefore, conscientious prosecutors, police officers, and rape crises workers are trained to respond to initial sexual assault reports as if they are true and credible. In addition, many sexual assault victims change the details of what occurred during the attacks, oftentimes omitting the most humiliating and degrading aspects of an assault until they have become more comfortable with investigators. In fact, there is a strong psychological basis for the notion that many sexual assault victims may actually repress details of their assaults in order to cope with the after-effects."
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NCLB and English Language Learners, 2008.
An in-depth examination of the No Child Left Behind (NCLB) Act in the context of English language learners in California's elementary schools.
4,378 words (approx. 17.5 pages), 11 sources, MLA, £ 72.95
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Abstract
The paper provides an overview of the No Child Left Behind (NCLB) legislation and its impact on education. The paper provides statistical data that highlights the notable challenges faced by English language learners (ELLs) in California's public schools when it comes to achieving basic standards. The paper is concerned that as the number of ELL students continues to increase, the gaps created under NCLB will continue to have a disproportionate impact on the schools in California.
Outline:
Introduction
Literature Review
Summary/Conclusion
From the Paper
"The No Child Left Behind (NCLB) Act passed in 2001 was intended to create better accountability in the schools and produce better outcomes for public education. Although the federal government has vehemently defended the legislation, critics contend that NCLB does very little to improve outcomes for students. Additionally, scholars have maintained that for children with special needs--i.e. learning disabilities, ELL/ESL learners, etc.--NCLB has created signification gaps that remain difficult for public schools to close."
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Nissan v. Maryland Shipbuilding, 2008.
An analysis of the "Nissan Motor Corp. v. Maryland Shipbuilding and Drydock Company" case that highlights the difficulty of applying common law to corporate environmental issues.
4,277 words (approx. 17.1 pages), 11 sources, APA, £ 71.95
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Abstract
The paper discusses the case of "Nissan Motor Corp. v. Maryland Shipbuilding and Drydock Company". The paper examines the history of the case, the background and specific requirements of the environmental issues and regulations cited in the lawsuit, and the reasons behind the use of such regulations. The paper also discusses the final verdict of the court and the reasoning behind the judgment in order to show that the judges were correct in their judgment.
From the Paper
"In the last several decades as industry has increased throughout the United States, there have been several court cases regarding industrial chemicals, their use, and the liability of those using potentially hazardous materials. From personal property cases to cases between industries, the court systems have struggled to determine criteria for negligence, trespassing, liability, and other aspects of potentially harmful materials in the air, water, and soil. With no specific federal criteria for such suits, and only common law to interpret in such cases, these issues can be solely up to interpretation of the law. With additional concerns about jurisdiction in cases of maritime commerce, such suits can be difficult to judge, at best."
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White Collar Crime and Enron, 2008.
This paper looks at white collar crime and the lessons that can be learned from Enron.
2,600 words (approx. 10.4 pages), 4 sources, APA, £ 49.95
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Abstract
In this article, the writer notes that in the past decade, fraud, corruption and crime have emerged as the greatest threats to economic development and business management. The list of companies that have been economically crippled by white collar crime continues to grow, as the lives of their corresponding CEOs and board of directors are subject to ruin in the process. The writer points out that the fall of Enron remains one of the most notable accounting scandals involving white collar criminals. This paper analyzes the actions of various individuals portrayed in the film 'Enron: The Smartest Guys in the Room', and examines their actions under theories attributable to white collar crimes. Finally, the paper concludes by explaining the concept of the micro-macro connection through utilization of the casual analysis in the paper.
Outline:
Introduction
Instances of White Collar Crime Portrayed in the Film
Theoretical Behavior Analysis
Social-Psychological Theory
Strain Theory
Organization Theory
Differential Association Theory
Conclusion
From the Paper
"The actions of Kenneth Lay and Jeffrey Skilling can be analyzed under social-psychological theory as it relates to white collar crime. Social-psychological theory attempts to explain how the thoughts, feelings and behaviors of individuals are influenced by other people. This theory places a great deal of emphasis on the immediate social situation and the interaction between person and situation variables. When Enron executives followed directions from its accounting firm, Arthur Andersen, to destroy documents, they acted in accordance with social-psychological theory. Although the document destruction at Enron was specifically to cover up the state of the company, employees followed it because they either figured that they had no choice, or would be terminated if they refused or were scared to be a whistleblower."
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Due Process, 2008.
This paper discusses due process, truth and the US criminal justice system.
750 words (approx. 3.0 pages), 2 sources, APA, £ 16.95
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Abstract
In this article, the writer looks at due process, which is one of the most important founding principles underlying the U.S. criminal justice system. The writer explains that due process derives from the Fifth Amendment to the Constitution, which applies to federal government action and has traditionally been applied identically to state actions by the identical provision contained in the Fourteenth Amendment. The writer discusses that due process also requires grand jury indictment, and prohibits double jeopardy and compelled self-incrimination, and therefore, is one of the most influential concepts defining criminal procedure in the enforcement of penal laws in the U.S.
Outline:
Introduction
Striking a Balance between Two Important Principles
Conclusion
From the Paper
"Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of innocent citizens to be free from unrestricted searches and seizures and compelled confessions. Under British rule before the Revolution that established a sovereign United States, citizens were subject to unwarranted searches of their property and seizure of their persons for suspicion of criminal conduct without the need for justification on the part of government agents. This experience under British rule was incorporated into the U.S. Constitution and its subsequent amendments, including the Bill of Rights, precisely to provide the protection of citizens against unrestricted governmental police powers.
"Unrestricted police powers might, in principle, allow for the highest level of crime prevention and prosecution, but at a very steep cost, because virtually any police action would be permissible, including searches and apprehension, detention, and imprisonment without any justification, based solely on the suspicions, or even the whims, of government agents. Excessive protections of individual rights would prohibit the investigatory, arrest, and prosecutorial functions necessary to enforce the laws of society.
"The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct."
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Business Law - Issues in Contact and Agency Law, 2008.
The paper discusses the legal issues arising from interpretations of Contract law and Agency law.
1,542 words (approx. 6.2 pages), 3 sources, APA, £ 31.95
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Abstract
In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper
"In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
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Criminal Justice Organizations, 2008.
This paper determines the impact of occupational socialization and political power abuse on the criminal justice sector.
1,448 words (approx. 5.8 pages), 4 sources, APA, £ 30.95
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Abstract
The paper examines how the police force, courts and corrections are influenced by occupational socialization and their power and political behavior. The paper shows how the high level of occupational socialization tends to corrupt the police department while its affiliation with often indiscrete political officials results in corruption of the court system. The paper brings evidence from the events following the 9/11 attacks on the United States and maintains that more than loyalty and leadership will be needed to find an accurate balance between power, politics, loyalty and socialization within criminal justice systems.
From the Paper
"Occupational socialization refers to the extent to which professionals within a certain sector and/or workplace connect and socialize with each other. A high level of socialization may for example lead to a high level of loyalty within the organization, whereas a low level of socialization may lead to a higher level of individual creativity and contribution. Socialization is integrated not only with the type of organization in question, but also with the organizational culture involved. In terms of criminal justice, occupational socialization plays a particularly complex role in the police force."
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Social Order and the Justice System, 2008.
This paper explores the maintenance of law, order and democracy within the justice system.
1,523 words (approx. 6.1 pages), 6 sources, APA, £ 31.95
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Abstract
The paper refers to the book "Why People Obey the Law" by Tom R. Tyler, which addresses the writings of various authorities who question the tie between law, democracy, government policy and behavior. The paper shows how the theories of government are crucial to the successful administration of public policies and the compliance of the people to the law. The paper discusses how the public tends to resist overly exercised deterrent measures but, if there is trust that the judges administer justice equally, the public adheres to the law willingly.
From the Paper
"Laws were designed to control public behavior. There are many theories of how compliance with the law can be achieved, but most use threats or the use of punishment. The idea of deterrence, Tyler points out, has been widely utilized since the 1980s and has remained the predominant way social order has been maintained into the twenty-first century. The values of the normal populace are based upon voluntary deference to authority, because doing so is part of their obligation to and respect for their leaders. However, the way that a local government manages social order among its residents does not apply to how nations might maintain social order among other nations in the world, which is something the U.S. has had to contend with this century."
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The Patriot Act, 2008.
An analysis of the provisions of the Patriot Act and its effect on civil liberties.
1,213 words (approx. 4.9 pages), 6 sources, APA, £ 26.95
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Abstract
The paper relates that because the stipulations in the Patriot Act infringed upon civil liberties without a system of checks and balances, legislators were prompted to include a sunset clause that would automatically terminate some of the government's surveillance authority on or by a specific date. The paper explains how the Patriot Act amended a number of different statutes and briefly discusses the viewpoint of those in favor of and those against the Patriot Act.
From the Paper
"Many of the privacy issues driven by the "war against terror" can be directly linked to the Patriot Act. Title II of the Patriot Act, "Enhanced Surveillance Procedures," increased the government's authority to seize oral, wires, and electronic exchanges; to engage in pen register and trap and trace searches; to be granted access to certain business, library, and medical records; to use a single search warrant for nation-wide searches; to utilize subpoenas for electronic communications; to search records and not notify the owners; to limit the legal responsibility of persons who divulge private records to the government (a direct infringement of privacy laws); and to authorize information sharing between law enforcement and intelligence-gathering organizations (Baker, 2004)."
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The French Justice System, 2008.
A look at the justice system in France.
2,717 words (approx. 10.9 pages), 7 sources, APA, £ 51.95
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Abstract
The paper offers both an overview of France's geography and political structure and a profile of the economic, social, political and economic situation. The paper briefly looks at the nature and extent of France's crime situation and then examines the French justice system; the legal tradition of France, the police forces and the court system. Finally, the paper discusses justice relations between France and the US.
Outline:
France: An Introduction
Present Crime Situation
The Justice System
France and the United States: Justice Relations
From the Paper
"Republique Francaise (French Republic) is the official designation of the French nation, whose history and culture is known the world over. France as most people know it is a country that produces excellent wines and cheeses, has a language that belongs to the romantic languages, and whose capital city - Paris - is known as the city of lights and have been written about as one of the most quixotic and passionate cities in the world. Although ultimately a victor in World Wars I and II, France suffered extensive losses in its empire, wealth, manpower, and rank as a dominant nation-state."
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Unified Paternalism, 2008.
This article looks at the argument for unifying vice enforcement legislation with regards to alcohol, tobacco and marijuana.
1,351 words (approx. 5.4 pages), 5 sources, APA, £ 28.95
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Abstract
In this article, the writer explains that government paternalism refers to the governmental exercise of legislative or regulatory authority over the individual for his benefit rather than for the benefit of others in society. The writer notes that in the United States, paternalistic legislation currently regulates certain aspects of the manufacture, sale, and distribution of alcoholic beverages, and completely prohibits recreational drug use. This writer discusses that a strictly paternalistic approach to regulating conduct would prohibit use, even in private, to protect the individual from the harms of his own vices. The writer then points out that a less paternalistic approach would permit the private indulgence of virtually any substance of choice, regulating only the resulting behavior that affects others. The writer concludes that either position is defensible for different reasons, provided that it is applied equally in a manner appropriate to the actual risks at issue.
From the Paper
"In the United States, paternalistic legislation currently regulates certain aspects of the manufacture, sale, and distribution of alcoholic beverages, and completely prohibits recreational drug use. To those opposed to paternalism in principle, private adult use of all three are not rightfully the subject of prohibition by law. However, even many of those who appreciate the need for some degree of paternalistic regulation object to the arbitrary nature of the legal status of certain equivalent conduct that permits some vices that do not affect others in society while imposing serious legal consequences on other conduct that is indistinguishable in degree of harm. "
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