The case at hand is a case that involves determining whether justice was served fairly in the incident where several men took the life of their partner at the plight of saving themselves from starvation. These men were in a cave where they were doing some explorations when the cave caved in before any of them could get out (Schauer, 2016). In this event, they all knew that the only way to survive since there is no food or water and the rescue team can take time before reaching them, they decide to take a vote on who should be killed for others to survive.
Justice Truepenny suggests that the court has the final decision to make but in the case, the five executives can present an argument that can be used to rescue the four men from death will be taken into account. It is not wrong to provide a solution to a case that is similarly of importance for a quick decisive decision.
Foster feels that the chief justice is hiding from executing justice for the four men. He does not believe that the four men should be convicted for trying to save the lives of four at the cost of four. In any case, this act makes them no criminals or murderers since the law of nature excludes them from the accusations implicated them (Van, 2015). The law was enacted to allow the coexistence of men in the society and therefore if the men will be convicted then the law itself is not applicable. From his example of the Stanmore case, Foster tries to explain that you can never convict a person on the basis of being on the wrong side while there is a valid reason for the matter at hand. This is actually applicable in this case since the four men were in a position they all never wanted to be in but nature forced them.
On his part, Justice Tatting does not take sides in the matter as both sides of the stories are complicated but reasonable according to human emotions and thoughts. Tatting thinks that the judgment by Foster is very contradictory on the basis that the law of nature cannot apply on why the four men decided to digest their colleague in cold blood (Emeziem, 2015). From the Valjean case, a man was convicted for eating another person’s a loaf of bread since he was very hungry. This is equal to stealing on one hand and on the other hand it is equal to trying to escape death by starvation but he was actually indicted for that act. Between bread and life, life is more valuable and therefore they will ultimately be convicted of murder. In this example, it is very clear that the four men need more than just conviction. Killing a colleague for survival is inhuman.
Justice keen in his argument argues that if a man takes the life of another then the same should be done to the person. It is wrong for the four men to take the life of another person in defense of their own as a way of escaping starvation. It is his duty to preserve the laws which were developed for man by man and according to the law; the four must be convicted since they killed their colleague. The circumstances which the four killed their friend is unknown and the law only exempts a person who acted in self-defense (Schauer, 2016). In the hard cases, a person who has committed an offense should face the law irrespective of the representative since the law is already clear and the family members should accept it however hard it is for them. This argument is strong on the basis that the four will have to face justice since they did a wrong which they knew would implicate them and cost them their lives once they were rescued.
According to Justice Handy, the four men should be given an opportunity to explain themselves and be excused for the mistake they did. They committed the offense while trying to survive even if it was never mercy killing (Schauer, 2016). Public opinion also counts in this case since what the law is there to protect is humanity and if the public feels they should not be convicted then it is clear the four never did the wrong without a reason so they are not guilty at all.
The least persuasive theory is the argument by Foster which stipulates that the four men acted on demand or lack of an option. It is not clear why one would choose to consume another person citing that there was no alternative for them. A vehicle parking offense is not equitable to killing another person for lack of an option.
The most persuasive theory, in this case, is the argument by Tatting. Both sides of the story by Tatting indicate that a decision should be done from any perspective but mostly on the issue of the four being inhuman and eating another human being (Emeziem, 2015). It is not quite clear on whether the four should be convicted or not according to his argument and therefore leaves the court to decide on the matter. On his part, if the person who ate another person’s bread was convicted then they also need to be convicted since their mistake is worse than eating a loaf of bread.
In the decision, the court should consider the fact that the four men committed this offense as a way to show how unconcerned with their partner. At no particular moment should human life be equated to a meal (Schauer, 2016). If the four will not be convicted then it will encourage much more to think the same way in case they have an argument with someone they do not like.
The court is a supreme body which has power and authority over other courts which are involved in the general jurisdiction while the legislature is mostly involved with making the laws and making sure that they are well explained. Legislature deals with deciding on a particular issue that needs more consideration.
It is morally wrong to consume another human being even the Bible condemns such acts and so the law should apply in any case (Schauer, 2016). No one has the right to take another person’s life even when the situation is worse if the person has not signed on it.
My initial verdict has changed due to the fact that the four men acted on selfishness. They love themselves more than they love their neighbor and therefore a wrong. One cannot use a dice to decide on human life.
Conclusion
In this case, humanity is not valued by some judges who think that one can just act according to the situation. Only when one has faced with life threatening situations should he or she kill as an act of self-defense but murder for survival is inhuman and they need to be convicted at whatever cost (Schauer, 2016). Every law was developed for the control of humanity and if one can murder and run scot free then there is a need for new laws which disregard human life.
References
Emeziem, C. (2015). A Right to Die? A Comparative Legal Philosophical Enquiry.
Schauer, F. (2016). Fuller's Fairness: The Case of the Speluncean Explorers. U. Queensland LJ, 35, 11.
Van Staden, M. (2015). The Case of the Speluncean Explorers in the South African Constitutional Court. Obiter, 36(1), 1-16.
The law is there to ensure that there is peace in the society. In the United States, there has been occasions where intruders and especially terrorist have launched their activities in the United States. Such laws peace keeping are there to ensure that every criminal activity is dealt with seriously. This law allows the society to be comfortable for every person and keep them safe. Another function of the law is to ensure that there is promotion of social justice. Social justice allows the society to be safe from any harm that might be planned against any American citizen and that the distribution of resources is equal to every society. Social justice is very important since it allows people to live harmoniously with each other without tension and hatred (Vago, 2015). Success of the peace keeping example is the occasion when America was hit by terrorist in the year 2001. Americans came together to ask for peace and by use of the law, peace was obtained. Failure of the peace keeping law is the occasions where various black leaders have been executed causing a lot of chaos among their society especially the black Americans. Success of the social justice is when there are free and fair election activities regardless of the color. Failure is where the black communities have been discriminated in terms of being given equal opportunities especially in schools and job opportunities.
Litigation is a process whereby two parties are involved in making a decision on their differences. There are implications incurred through the use of this methodology to solve disputes. There is flexibility in the system of solving the matter (Schmidt et al., 2017). Litigations in courts are mostly controlled by the statutory rules and therefore fast to resolve. The cost involved is often more that it would have been since the courts are mostly compressed with cases therefore making it hard to resolve such a matter cheaply. There is also the time wastage as the courts have more than enough cases to deal with making it hard to resolve the matter timely.
References
Schmidt, S. W., Shelley, M. C., & Bardes, B. A. (2017). American government and politics today.
When deciding on a particular court for the presentation of a case, it is important to consider the cost of the lawsuit to determine whether it is worth the cost. The cost of a lawsuit should always be less than the value of the lawsuit being filed. The place where the particular case which will be presented for hearing has taken place also matters. One should choose a court that is close enough to the specific place where he or she is closely located. This will help in reducing the time wasted to travel to and from the court. The type of case also determines the court to present the claim (Mailath et al., 2017). Higher courts such as the Supreme Court deal with matters that are above average such as the political and Government Issue since they cannot be taken to a local court. For example, the Supreme Court is heavily involved in the election type of cases as they present a challenge for the lower courts to deal with and reach a conclusion. Matters to do with car accidents are matters taken to the lower courts since they have more time to deal with the matter other than using the supreme court.
Judges are required to have a clear understanding or memorize the code of the judicial conduct at all times. Ethical decisions and constitutional restraints are two of the major ways they use in self-restraints in the judicial environment (Mullenix, 2017). For example, prior to making renders judges will always use the historical facts and cases to get the facts straight in the verdict. Also before presiding over a case, the executive branch is always considered in the act.
State courts are courts which have been established mainly by the state, municipalities, counties, cities and other state laws while the federal courts are the courts established through the United States Constitution in order to solve the disputes which involve the laws passed by the Congress and matters to do with the constitution. State courts deal with individual citizens such as traffic offenses and robberies while the federal courts deal with the government issues and protecting the constitution.
References
Mullenix, L. S. (2017). State & Federal Courts, The Erie Doctrine and Applicable Law. Moore's Federal Practice-Civil, 17.
Mailath, G. J., Morris, S., & Postlewaite, A. (2017). Laws and authority. Research in Economics, 71(1), 32-42.
Lethal injections involves a three-drug formula and typically includes a paralytic , barbiturate and potassium solution and are intended to bring about instant death. Sodium thiopental, potassium chloride and pancuronium bromide or Pavulon are the three main drugs used in the process of lethal injection. Potassium chloride is the one that causes death in the execution process and is supposed to lead to cardiac arrest and thus the instant death immediately after injection. It causes excruciating pain if it used without anesthesia (Wong, 2006). Pancuronium Bromide works by paralyzing the voluntary muscles all through the body including the diaphragm and entire lungs. The chemical cause death through asphyxiation, it has no impact on consciousness or pain experience and has to be used together with anesthesia. Sodium thiopental is a general anesthetic substance that is normally administered when the execution procedure through lethal injection is starting and normally renders the person unconscious before injection of the two drugs earlier mentioned. When it is administered into the blood stream of condemned inmate, an amount of between 1200- 5000 mg of the chemical would lead to unconsciousness and finally death by stopping the person from breathing. Another chemical used and which cause less pain is pentobarbital that work by depressing the central nervous system and can be used in just a single dose (Wong, 2006).
The initial shot of sodium thiopental makes the person being executed to unconscious to a level that they cannot detect any pain. The chemical amplifies the function of GABA, which is a neurotransmitter whose work is to suppress brain activity, and blocks the functioning of AMPA - excitatory receptor of the brain (Pawlowski, 2015). The injection is supposed to last through the injections of the other chemicals and thereby preventing pain during the death of the person. Saline, which is a neutral substance, is applied for the purpose of pushing these drugs into the blood and therefore have a rapid effect. For these drugs to work , effective quantities should be in the blood stream constantly in order to prevent a possibility that the person will regain consciousness and suffering in the process. In absence of sodium thiopental, midazolam hydrochloride chemical has been used in some states, and is mostly applied as a sedative but it is normally combined with opiate if it is to be used in the execution process (Cook, Harris & Lorish, n.d). The reason is that midazolam does not contain any painkilling or analgesic effect; hence another drug is required for this purpose. Even though it has been used recently, there have been claims of various executions done through this drug made the inmate to show signs of consciousness, gasping and this seemed to indicate that they did not attain the intended unconsciousness state. Where the person is not unconsciousness in the process of administering the electrolytes and muscle paralyser, the burning effect of the chemicals may cause them to experience suffocation (Cook, Harris & Lorish, n.d).
Most states in U.S applied the combination of the three drugs in their lethal injections executions until around 2009. In New York State, after the abolishment of death penalty by U.S Supreme Court in 1984, the death penalty was reinstated this time by lethal injection as an execution means. The Court of Appeals again halted capital punishment in 2007 on the basis that it is unconstitutional. In many other states the death penalty as a means of execution using lethal injection is still in use and different states have been using different chemicals (Death Penalty Information Center, n.d). The various executions that have been carried out in different states represents different protocols for lethal injection and some of the drugs used have not been applied before in the execution process and especially those that have been provided by compounding pharmacies with less regulations. However, a shortage of these drugs especially sodium thiopental which is the major anesthetic used has complicated capital punishment in many states across United States and this has also lead to changes in protocols for execution in some of them (Death Penalty Information Center,n.d). Pharmaceutical firms have put restrictions on supply of such chemicals citing internal dispproval on their use in lethal injection execution and this has brought about the shortage of the drugs. Foreign companies in Europe have also restricted the supply of the drugs and this shift was informed extensive international campaign driven by opponents of death penalty. The opponents of death penalty have also raised issues with the drugs quality and the possibility that the chemicals may fail to work, subjecting inmates to significant amount of pain which violates the ban on unusual and cruel punishment.
Even though protocols for lethal injection induces least pain, are relatively fast and in line with constitution if they are properly administered, a great risk that the drugs may not be administered appropriately has raised questions. Where the three-drug protocol is used, a possibility that administration of the drugs will be done in the wrong way and needless pain is always present. Untrained staffs that are supposed to undertake the task are more likely to improperly the lethal injection than a medical profession. The possibility of failure rises if a suitable vein cannot be found in a person’s arm (Elliott, 2016). Law suits have been brought in courts by death-row inmates who have found issues with the possibility that substantial risk of an individual lingering and experiencing painful death is present in the protocol. In light of various botched executions that have been carried out with drugs and drugs sources that are questionable, serious right issues arise from the use of lethal injection. The fact that death-row prisoners have challenged the execution method and its constitutionality highlights these issues (Elliott, 2016).
The high possibility of the inmates suffering excruciating painful deaths raises the issue of prohibitions of cruel and unusual punishment in the Eight Amendment. This is especially true for midazolam, a drug that has been attributed with failure to induce a full unconscious state or consistent unconsciousness. The drug cannot always have anesthetic effect and appears to have a ceiling effect where an increase in the dose will not bring about greater impact. The possibility of inmates waking up while being executed because the drug failed to work, as has happened before, make them to feel extreme and unimaginable pain. The kind of pain that is experienced by the individual can only be termed as being cruel and unusual method of punishment. Moreover, the use of untrained personnel in many states, having no knowledge on the properties of these chemicals supports the case of potential risks of cruel death that is associated with this particular procedure (Berger, 2008).
Reference
Wong, J. R. (2006). Lethal injection protocols: the failure of litigation to stop suffering and the case for legislative reform. Temp. J. Sci. Tech. & Envtl. L., 25, 263.
Pawlowski, J. (2015). New Vistas in Anesthetics, IV Induction Agents. In Essentials of Pharmacology for Anesthesia, Pain Medicine, and Critical Care (pp. 819-826). Springer New York.
Cook, A. L., Harris, A. L., & Lorish, L. M,( n.d). LITIGATION STRATEGIES IN OPIOID CASES.
Berger, E. (2008). Lethal Injection and the Problem of Constitutional Remedies. YALE LAW
& POLICY REVIEW.280-283
Elliott, C. (2016). 8th Amendment Freedom from Cruel and Unusual Punishment: Lethal Injection Drugs. In The Forum: A Tennessee Student Legal Journal (Vol. 3, No. 1, p. 2).
The law enforcement for the immigration should occur at all the levels of the law enforcement from the local, state and the federal level. The local law enforcement and the state are always in the front line of the defense against the human trafficking, gang activities, drug related offenses and smuggling and they should cooperate with the federal law enforcement agencies to ensure immigration rules are followed. Once the state and the local law enforcements do not keep contact with the federal law enforcers, then there will be a massive illegal entry into the country since there is breakage of communication (Michaud, 2010). Public safety is the main concern and therefore all the involved parties should cooperate in making sure that the borders are safe from aliens. The federal law enforcement cannot work on its own but can work with the state and the local law enforcement to make sure that illegal immigration does not take place.
The local laws enforcements have faced numerous challenges such as the lack of a proper system to deal with the issue of immigration. In some cities such as Boston, Los Angeles, New York, Baltimore and District of Columbia have in the recent times prevented the local law enforcement from enforcing the immigration rules. This is a move that is meant to prevent the idea of the laws being termed as targeting a particular race (Stanislowski, 2010). Most of these cities are occupied by the black Americans and therefore if it is a requirement by law to check every individual, then a case of racism and discrimination will occur in these cities. Some cities have already reported the harassment by the local authorities as they are perceived to be immigrants just because they look different in terms of their color.
At the state level, challenges which are encountered at this level most are inclined to court actions and the litigations by the department for justice. Immigrants civil and liberty groups and the federal government have blocked several efforts by the state laws to countercheck every person traveling or walking on the streets requiring them to produce their citizenship documents (Ting, 2008). Such measures by the state laws are there to enhance the probability of capturing the immigrants who are in the States illegally. This move has been labeled as being racist and therefore court lawsuits have been filed numerous times to prevent the move. South Carolina is one of the states that are affected by such laws where certain civil rights groups have moved to the court to block the laws from being enacted in this state.
Requiring every suspected person to produce their immigration documents is a good move that will reduce the activities of the immigrants who have been occasionally been taking advantage of the situation to terrorize the cities. If all the states can implement the immigration rules, then the United States could be in a good position in fighting terror groups (Michaud, 2010). States such as the Oklahoma have implemented the use of a system known as the E-Verify that checks the eligibility of a person, identification details of the person, voting reasons and areas, and also the imposition of restrictions on the public benefits. These moves have been successful in ensuring the city is safe from aliens. If laws are not implemented to verify the immigration details of a person then it is most likely to cause harm to the society.
Summary of the Article “Gangsters without Borders”
The chapter starts by giving memories of a woman who disappeared and her body was found near the river in a ravine. The mother to the woman could not identify her daughter because the death squad had jammed her head inside the belly, which made her look pregnant. The chapter describes a terrifying attack by the military strafing homes to overthrow the government an incident that occurred in the year 1982. This occurred two years before the Salvadoran war that cost the lives of over 75,000 people some of whom were tortured and others disappeared by the government forces. The war also caused displacement of over a million residents to nearby countries such as Australia, France and Canada to live as refugees. The war also led the young boy Jose to flee to Los Angeles where he faced another battle. With this one, he learnt to practice a gang life and he joined the Salvadoran gang youths. El Salvador was known to be without peace ever and it has always experienced bloody rebellions one after the other among which was the peasant’s uprising where the workers in the Indigo factory rebelled against the government and landowners. Due to various rebellious acts, Salvadoran government set up a security to keep public safety. However, these security forces caused numerous human rights abuses such as torture, murder which led to disappearances of many. Therefore, because of the growing rate of gang activities, there was a large body count in the areas and human corpses were a common sight in El Salvador, thus people moved from one place to another to escape the conflict.
The goal of sexual offender legislation in create and increase awareness in the public about the presence of sex offenders within their communities so as protection measures can be taken by families against sexual victimization (Levenson & Cotter, 2005). This law will have effects if it can lead to a reduction in the cases of sex crime and especially the recidivistic crimes that happens over a given time. The positive effects of the legislation could only be noted if they can be direct results of the law’s implementation and not other potential effects. Research has shown that registries offender may not lead to reduction of recidivism but they mostly make the communities to feel in control and hence safer. If the law would address what drives a person to sexual crime, then it would be said that the law has a direct influence on the recidivism (Levenson & Cotter, 2005). Sex offenders do not seem to commit crimes because they live near the victims, but in most cases they take advantage of a certain opportunities to build a relationship with the victims and their families for such crimes to take place. The law can have unintended or counterproductive impacts especially in relation to reintegration of the offenders into the community. The unique stigma resulting from registration of sex offender and notification of the community has been observed and documented. The stigma leads to difficulties among the offenders in accessing essential services or gaining employment which comes with psychological stressors like shame, hopelessness and depression. However, the society favors legislation due to the sense of security offered (Levenson & Cotter, 2005).
Looking for alternative the available legislation on management of sexual offenders should involve an approach that considers the input of entire community. This involves the adoption of three strategies which include a collaborative approach, public engagement approach and evidence-based strategy. A collaborative approach involves venturing beyond conventional adversarial and reactive strategies common in criminal justice. This involves concerted efforts among the agencies of criminal justice system and community organizations through forging partnerships for the purpose of analyzing the problem and coming up with responsive solutions (Alexander, 2010). After implementing these solutions, collaboration among the relevant entities should always share information concerning the progress being made by the offender and looking into whether there is need for modification of the supervision plan being used to manage the situation. The effectiveness of this approach is that a collaborative team work can be used in sensitizing the community on the need to reintegrate the offender and engaging the various stakeholders in supervising progress made by the offender and the community (Alexander, 2010). An evidence-based strategy involve utilizing the available research on what works in preventing recidivism and helping the community in integration efforts. It involves using the practices and principles that are evidence based in reducing the case of crime recurring and helping the offenders in adapting to different ways of life. This method is effective since progress can be checked through empirical review (Jackson, 2008). Public engagement should center on involving the public in the integration process so to remove any stigma on the sex offender.
Conclusion
The effectiveness of this legislation can be viewed in terms of what influences it has in reducing recidivism and in enhancing the reintegration of sex offender. While it may not reduce recidivism it gives the community a sense of safety when the offender whereabouts are known. Full impacts would be seen if offender management approach involves not just the criminal justice system agencies but the community in which the reintegration takes place.
References
Alexander, R. (2010). Collaborative supervision strategies for sex offender community management. Fed. Probation, 74, 16.
Levenson, J. S., & Cotter, L. P. (2005). The effect of Megan’s Law on sex offender reintegration. Journal of Contemporary Criminal Justice, 21(1), 49-66.
Jackson, R. L. (2008). Sex offender civil commitment: Recommendations for empirically guided evaluations. Journal of Psychiatry & Law, 36(3), 389–429.
Social and Criminal Justice: Academic Research Article Critique
Introduction
The article titled ‘’Tort reform and access to justice: How legal environments shape lawyers' case selection’’ authored by Trautner, (2011) explores how lawyers make their decisions on the cases to take. The author argues that based on previous studies it is highly claimed that lawyers select cases using simplified risk formulas but the author believes that their modes of making decisions are shaped by the legal surroundings. The research utilized a qualitative research method in drawing its conclusions. It was established that lawyers operating in states that have no torts reform assert on the significance of the likable nature of their client on the probable jury whereas those in areas under tort reforms focus on the liability of the defendant. The distinctions are usually characterized by significant implications for those that have Civil Justice System access as well as for medical and consumer guarding in general.
Lawyers of plaintiffs hold great discretion deal while making decisions on the cases to accept and the clients that they should represent. Since individuals injured by medical errors in most cases require lawyers in the quest of obtaining compensation via Civil Justice System the decisions by lawyers usually determines those that hold compensation opportunities for the acquired injuries. In other words, lawyers normally serve as the gate guards to attaining civil courts justice. Therefore the decisions made by the respective lawyers in regard to the cases that they should deny can lead to extended consequences. Apparently, lawyers select cases that are worth their engagements but while injuries on the plaintiff and usually clear the base facts of the cases are unclear in most cases which necessitate extensive investigations. This report will offer a critique of the article’s introduction, purpose, problem, methods, findings, literature review and an overview. The critique criteria is a qualitative one for ’Tort reform and access to justice: How legal environments shape lawyers' case selection’’ authored by Trautner, (2011).
The article begins by attracting the reader’s attention in a quick manner as within the introduction it utilizes engaging language that incorporates the understanding of even the readers with little knowledge. The introduction introduces the purpose of the paper by supporting claims with background research to support its claims. The main study variables are stated within the introduction which the role is played by the legal systems in influencing how lawyers make decisions (Trautner, 2011). The introduction is effective in enlightening the readers in regard to the significance of the research and how such decisions affects justice in civil courts. This part is not too brief or too detailed as the context of the study is fully explained and via this, it does not create any spaces for further justifications.
The introduction is particularly accurate as unnecessary wording has not been utilized and every word has a well-selected meaning in reference to the study’s purpose. It is a reflection of the content and aim of the study and all the information included in the introduction part has been discussed thoroughly in its body section. These approaches are effective in attracting and incorporating the readers understanding while ensuring that the probable readers are left with the desire to dig deeper. However, the article failed to highlight where the introduction began after the abstract which would be useful in easy identification of the main views such as the objective and the background issue under investigation. Within the first few lines of the introduction, the article’s purpose and the problem are clearly demonstrated and explored.
The problem is that lawyer’s decision-making is usually influenced by the legal surroundings rather than risk formulas. In that, lawyers operating in states that have no torts reform asserts on the significance of the likable nature of their client on the probable jury whereas those in areas under tort reforms focus on the liability of the defendant while making choices of the cases that are worth being pursued. This issue is significant in creating a legal judgment to the practicing readers and the public in general. The issue is very specific on a given matter that offers a more apparent study area. From the beginning of the article, the issue is very clear, its significance even prior to the thorough investigation. In general, the title offers a detailed description of the article’s content and its background with a writing format that encourages its readers to go on. In that, the introduction was formulated in a correct manner with the composition of all the essential newspaper components.
Methods Critique
The methodology research part is the most crucial part of the investigation because it facilitates the development of common concepts within the subject (Engel & Schutt, 2014). In addition, it offers data in regard to how the study was performed thus offering the respective readers on insights regarding any kind of dependability and reliability issues. The article’s study utilized a qualitative research which mainly focused on gaining the understanding of how legal surroundings normally influences decision making by lawyers based on two grounds. The researcher conducted interviews with lawyers handling products liabilities and medical misconducts scenarios. The researcher opted to conduct its investigation in states such as Texas and Colorado on the grounds that both states have experienced radical Tort reforms.
The study does not show approval evidence the respective approval boards. In addition, there is no any kind of evidence of informed consent which was offered to the participants in acquiring their approval to utilize the responses in research. However, all the interviewed lawyers were accounted as competent based on their expertise and they offered legal approval on independent grounds. Confidentiality was protected in the collection, summary and analysis part since the evaluation was conducted by the researcher and a selected team. Privacy was enhanced via verbal agreement which might have weakened the study’s approach. The design was a mixed methodology on the grounds that both qualitative and quantitative data was utilized. A systematic review of the existing studies was conducted while interviews created qualitative data to justify any raised claim. In this context, the study can, therefore, be regarded as feasible given that it was developed within a legal setting and this is the most appropriate strategy of conducting research with the engagement of lower risks. In general, the methodology section of the article has been formulated adequately by using a clear design. However, some crucial methodology sections are missing such as sampling, investigation approach and research strategy. This, therefore, creates a rather weak dependability and validity of the methodology tools.
Discussion Critique
The discussion part offers the readers with an adequate understanding of the given statistics thus offering a professional analysis. Indeed, the study demonstrated significant findings in demonstrating how law’s decision making is usually influenced by the legal surroundings. The discussion section is not labeled and this, therefore, requires more effort in making the respective decision in trying to establish the discussion section. Throughout the discussion various studies have been cited which creates reliability as well as accuracy on the grounds that the author does not rely on assumption but all the claims are well supported by justified evidence. All the discussed claims were mainly grounded on the logical study’s findings. Implications, as well as general conclusions, were mainly designed with the knowledge that legal surrounding plays part in the shaping of decisions made by lawyers.
For all the objectives that were included within the discussion, section conclusions were stated logically with the adequate background. The findings of the research are valid as they are accurate compared mainly with previous studies for the same subject. For most of the stated claims, adequate justification is provided without fail. The study gives potential solutions for the existing issues in relation to obtaining justice but the associated limitations have not been mentioned. As a whole, the discussion part is effective given that it is detailed and all the claims have been supported. This creates reliability and validity of the study in general.
Results Critique
Given that both theoretical and statistical data communicates much about the conducted investigative study, there are several elements that are considered prior to labeling a study as valid (Letherby, Bywaters & Ali, 2007). The article under critique was established to be associated with few errors but generally, the Legal significance was not impacted. The study’s data was analyzed using systematic review and standardized ground concept methodology. This technique holds that the researcher reads thoroughly every response report while noting the common concepts. This technique is effective because it results in the creation of thematic categories as well as concepts that are related to the decision making the procedure of the lawyers. The differences in responses are also highlighted and both are utilized in supporting arguments as while as refuting prior studies claims with evidence rather than assumption.
Individual responses data on the grounds of professionals and genders were analyzed in a table format while the control groups were mainly differentiated in regard to percentage and their responsiveness. The analysis was then justified in a thorough narrative design in answering the study queries and the need for investigating the issue. The results were presented both in a theoretical and statistical format for clarity and dependability. This resulted in the creation of a more accurate and reliable research. A detailed findings summary for the study was required in simplifying what was established but this was not presented.
Results are more thorough and dependable when discussed via the use of graphics, tables as well as justified figures which were not presented in the study. However, for the presented table the theoretical information is fully consistent with the statistical information. However, some crucial text justifications are missed such as stating the manner in which such knowledge was acquired. The study’s generalization is one that is questionable. Overall, the results of the study were organized well, demonstrated inappropriate sectioning and the reporting was objective. The study however utilized few table as most of the findings are demonstrated theoretically. However, this was the case despite the proper findings organization the use of fewer tables of effective since on the grounds of the statistical variables that were employed statistical data would not be satisfactory to the readers alone.
Conclusion
The article is well organized, structured, formally written with an appropriate accounting of documentation elements. The abstract has been summarized adequately with appropriate wording and structure which is effective in attracting the reader’s attention. In addition, the article does not incorporate irrelevant adapt since all the important details have been incorporated. The study has utilized a simplified report organization despite the fact that a number of heading sectioning such as for the introduction and discussion have been omitted. This makes it had for the readers in establishing the relevant parts. The strengths for the article included the use of an investigative design which incorporated systematic review as well as qualitative study in coming up with fresh findings. In addition, the wording and the organization of the study can be classified as effective as it only focuses on the subject’s relevance. The study’s weaknesses, however, lies on instruments and methodology. In that, all the methodological components have not been included adequately mainly because the method parts lack some essential aspects such as sampling.
The article’s title is relevant and very objective with simplified and attractive wording. However, the objective should have been highlighted for easy follow ups in a separate part. In addition, the author should have ensured that the sectioning is appropriate with relevant titles so that the provided evidence can be understood at ease. The study’s problem and purpose were well stated with justified justification which does not require further detailing. The research received while by others restructure but its structure not highly accepted. The study resulted in the formulation of other queries in that it should be established on how the legal complexity normally affects decisions taken by lawyers. In that, most lawyers will normally settle for cases with lesser complexity in order to gain maximum benefits based on the legitimation procedures complexity.
Apparently, the study made significant human knowledge contribution. This is because despite the fact medical error cases compress of less than 20 percent of all the criminal cases lawyers’ decision can impact justice. In that most of the claimants depends on the lawyer's ability to get justice and given that the cases engage complex investigation justice is not achieved in most cases. The findings are of significance in criminal justice application since it can equip the lawyers with adequate knowledge by understanding the impacts of their decisions. In addition, the lawmakers can understand how the related policies can be formulated to create positive impacts. In general, the formulated concepts and findings are objective and valid. The study’s findings support the claim that the legal system based on its complexity shapes lawyers decision and lawyers normally choose to play part in cases with fewer risks. In addition, the author acknowledges that the reliability of the study can be questioned on the ground of the utilized tools but the study was significant statistically given that it offers grounds for future investigation. In general, ’Tort reform and access to justice: How legal environments shape lawyers' case selection’’ authored by Trautner, (2011) were authored and developed appropriately by all evidence founded practice standards.
References
Engel, R. J., & Schutt, R. K. (2014). Fundamentals of Social Work Research. Sage Publication.
Letherby, G., Bywaters, P., & Ali, Z. (2007). Extending social research: Application, implementation and publication. Maidenhead: McGraw-Hill/Open University Press.
Trautner, M. (2011). Tort Reform and Access to Justice: How legal environments shape lawyers' case selection. Qualitative Sociology, 34(4), 523-538. Doi: 10.1007/s11133-011-9203-3
All the government which is in the Middle East part of the world face some set of difficulties but none are as crucial as the ones addressing the socioeconomic and the issue of governance that helped in the 2011 trigger the popular uprising and which continue to raise more debates and dispute. The region faces a tremendous challenge of reducing the number of the unemployed especially in the graduate sector and the young people as a whole (Enayat, 2013). The countries that depend on the exports of energy continue to look for ways in which they can diversify their paths while those that depend on the domestic production look for ways in which they can improve the market from domestic to the international world. According to this program that began in the late 1990s; the focus was mainly on developing the laws and legal systems which were in support of increasing the trade liberalization and diversification economically (Qubādzādah, 2017). The program has conducted many trade agreements and capacity building schedules with the sole aim of improving the state of Middle East. The program has also assisted in devising the commercial laws, company laws, lending laws and also the insolvency laws in support of entrepreneurship and diversification. A regional judicial conference was conducted in the year 2005 in the Middle East to raise the judge’s capacity and the lawyers with an aim of ensuring that the commercial laws are in line with the international standards of governance.
The rule of law cannot be defined with just a general meaning but can be defined in terms of how much change the rule of law brings to the society at large (Black et al., 2013). For example, the respect for every fundamental human right, being accountable, and the possibility of the public to access the justice system can be used to determine and define the rule of law in Iran. The World Justice Project index can be used in this case since it focuses on the results formulated from measuring how well a country can achieve productivity by use of the performance indicators on every country which implements the rule of law act.
The rule of law in Iran has always been in conflict with the monarchical power and the principles of the rule of Sharia. Through the revolution of the constitution in 1906 to 1911 and the revolution of the Islamic in 1979, there has been progressing in terms of the rule of law and the development of the Islamic Republic but this lead to a totally different issue causing the fallout on the rule of Sharia according to article 4 of the constitution of Iran. This rule of law indicated that all the penal financial, civil, administrative, political, economic, cultural and administrative laws and regulations have to always consider the Islamic criteria. Promoting the civil society and rule of law has been the key consideration for individuals who want to be the leaders in Iran. Reforming the movement in terms of the constitution in Iran is the main focus in politics (Qubādzādah, 2017). Constitutional politics in Iran is all about trying to define the social and political orders. The principles of order for the organizations and among the groups amount to the political struggle for the Iran constitution and the urge for development. The said principles are similarly very contradictory and heterogeneous in nature. Organizations and groups that are contending for the constitutional politics are at crossroads and the only option remaining is for them to reconcile the logic behind the contradictory principles of order through concession, compromising, and interpreting the order once again in order to have a translation of the laws into some institutional order which will be sustained into an order through an effective force. Since 1997 there has been a tremendous power struggle, politics that involve mobilizing war, privatization, nationalization, clerical control, functionalism, and regionalism have dominated the Iran rule of law.
The respect for human rights by a country is an open indication that a nation is surely committed to preserving the rule of law, honesty, and the humanitarian principles in the public affairs (Arjomand & Brown, 2013). The current judicial system in Iran is an independent power and it is used for mainly giving a judgment or investigation the grievances and enforcing the laws of the Islamic community. The foreign policies professionals have applied the use of an administrative reform as a strategy to combat corruption in Iran. Code of professional ethics and the code of conduct have also been enforced in terms of development in fighting the corruption in Iran and this has seen the foreign policies utilize them in its undertakings.
The Iranian constitution of 1979 played a vital role in emphasizing on the Islamic laws and how they relate to the establishment of Iran and the legal system in Iran (Qubādzādah, 2017). Particular methodologies have been applied in order to reduce the corruption levels in Iran and in the Middle East. Some of the methods used are closely related to the rule of law or the Sharia laws which help in governing the country. Such methods include the use of force to reduce the activities of the government agencies caught with corruption issues. The rule of law indicates that the individual has to be investigated and a verdict heard on the case and the Sharia laws also indicate a similar act (Arjomand & Brown, 2013). Paying off the servants well enough can help reduce the corruption activities in the Middle East and this is a strategy that will enhance the country’s economy through lack of bribery in efforts to maintain a clear state of service. The rule of law calls for transparency in all its undertakings and also the anticorruption agencies apply this system to help fight corruption at all levels of the government. The government agents are responsible for handling the cash flow of the government, collecting the taxes, tapping every capital market with an aim of raising revenue, gets the foreign aids and allocate the necessary resources to each sector with an aim of making sure that there is balance in development (Enayat, 2013). If the system of governance is not clear then there will be numerous cases of corruption and abuse of resources and thus the need for the anticorruption strategies to reduce such acts.
In the Middle East, Iran is the only nation that has its executives not in control of the military forces. The Middle East is mostly affected by the issue of nuclear weapons as a national security issue. Other states such as the United States have developed policies in the Middle East and specifically in Iran which have implicated the force against which the Iranian government can solve the corruption issues in Iran. The United States was heavily involved in the revolution that took place in 1979 and thus changing the perspective which the Iranian government views the relationship (Qubādzādah, 2017). The policies that have been used in Iran have been colliding with the efforts by the anticorruption agencies. Such particular ways such as the administration of power and foreign aids have caused a reduction in the efforts against corruption. Leaders who are known to coincide with the foreign policies have continued with the act of bribery thereby rendering the acts by the government unfruitful.
The president in Iran is fully elected by the citizens and has the power to appoint an ambassador and signs the legislation in the Iranian government. The members of the parliament are elected after every four years publicly and are responsible for the legislation and its drafting. The judicially is headed by a ultimate leader who again assigns the leader of the magistrates and the head of the magistrates will assign the leader of the Supreme Court and also assign a prosecutor in the same act (Arjomand & Brown, 2013). The president since the 1997 elections has been trying to formulate rules that will assist in the delivery of good governance through the changing of the rules as stipulated in the constitution. Changing the rule of law to allow democracy to work has been the slogan making the society yearns for a more civilized rule of law. The major judicial history of the Iranian constitution is the constitutional revolution which occurred in 1906. Iran is the only Islamic state that has held on to the previous rules of government in the Middle East region.
Conclusion
Changing the rule of law in Iran is a difficult task since the country has a religious belief which governs the society at large. Implementing the rule of law in Iran requires the total support of the civil society and the civil organizations (Black et al., 2013). Iran is a country that has received more cases of collision between the rule of law and the rule of Sharia, the Sharia laws must be compromised in order to allow for the rule of law recognized internationally to take charge. This can only be done if there are petitions developed and directed to the Iranian society by the world communities for a social society.
References
Arjomand, S. A., & Brown, N. J. (2013). The rule of law, Islam, and constitutional politics in Egypt and Iran. Albany, NY: State University of New York Press.
Black, A., Esmaeili, H., & Hosen, N. (2013). Modern perspectives on Islamic law: Black. Cheltenham: Edward Elgar.
Death penalty or capital punishment is a process where the wrong doer is punished with death sentence. The wrong doer may be involved in capital offence such as murder and the criminal justice system may use capital punishment as an effective control measure of crime (PHILLIPS, 2009). Even though there is an active controversy on this issue, death punishment should be applied with respect to different circumstances. A circumstance where I would support death penalty is when a person commits murder. This is series crime which requires a strict penalty such as capital punishment. This is the best way of deterring crime. The point is that the principle of “an eye for an eye” should be followed and this should be applied for specific crimes such as murder (PHILLIPS, 2009). In this case I support that death penalty is the best method to protect the communities and alleviate the worst criminals in the society. I may also borrow some words from Immanuel Kant and argue that a society is involved in immoral act if it does not demand the life of an individual who has caused murder in the society. In this case, the society has the right to and the duty to protect the innocent lives of people. Note that death penalty should happen in appropriate circumstances and in this case, it is important to understand that there are instances where crimes are egregious and the solution to this is death penalty. Finally, the society should ensure that the murder is guilt before applying death penalty (Costanzo & White, 1994).
A circumstance where I would not support death penalty is when the wrong doer who has committed the capital offense is innocent. If the wrong doer is mentally handicapped, then the death penalty should not be applied. Note that the criminal justice system should assess whether the wrongdoer has mental retardation and ban the execution. However, people who are mentally healthy and are involved in murder should be accountable for the heinous crime and should get severe punishment (Steiker, 2005).
Reference
PHILLIPS, S. (2009). CRIMINOLOGY: LEGAL DISPARITIES IN THE CAPITAL OF CAPITAL
PUNISHMENT. Journal Of Criminal Law & Criminology, 99(3), 717-755.
Costanzo, M., & White, L. T. (1994). An Overview of the Death Penalty and Capital Trials: History,
Current Status, Legal Procedures, and Cost. Journal Of Social Issues, 50(2), 1-18.
Steiker, C. S. (2005). NO, CAPITAL PUNISHMENT IS NOT MORALLY REQUIRED: DETERRENCE,
DEONTOLOGY, AND THE DEATH PENALTY. Stanford Law Review, 58(3), 751-789.
Police use of force is one way that the police use in intimidating the suspect or an offender but at some point, the excess force used can cause more problems to the officer. There are numerous cases in the Supreme Court over the use of excessive force on offenders especially due to the police reforms which are enacted to make the police force stronger and perform better in the field. Challenges that face an officer after use of excessive force are mostly associated with making sure that a repeat of the same does not happen. In a certain case, the Supreme Court ruled out that an officer will have to stay in the office behind the desk and also have the weapon or gun confiscated (Klinger et al., 2016). Police officers who are mostly involved in carrying out field work will find being left behind and do paperwork more challenging. Another ruling by the Supreme Court can involve subjecting the officer into total torture such as having the officer investigated all his life and this could see the officer eventually resigning from the police force.
I do agree with the decision by the Supreme Court since it is a good way of ensuring that the police force does not take advantage of their power to harass a common citizen. If the police force is not well tamed, there could be a loss of police confidence and in many cases rivalry between the police and the public.
An officer is not allowed to use force unless the suspect is physically dangerous to the officer or others in certain occasions. For example, if a suspect is fleeing and has a gun, then the police are allowed to use the deadly force to ensure that the suspect does not cause more harm to others (Straub, 2014).
References
Klinger, D., Rosenfeld, R., Isom, D., & Deckard, M. (2016). Race, Crime, and the Micro‐Ecology of Deadly Force. Criminology & Public Policy, 15(1), 193-222.
Miller, T. R., Lawrence, B. A., Carlson, N. N., Hendrie, D., Randall, S., Rockett, I. R., & Spicer, R. S. (2017). Perils of police action: a cautionary tale from US data sets. Injury prevention, 23(1), 27-32.
Straub, J. (2014). Unmanned aerial systems: Consideration of the use of force for law enforcement applications. Technology in Society, 39, 100-109.
An example of a police search and seizure without a warrant can in a case where a police officer stops a vehicle on the highway and starts to frisk the driver and the passengers over a minor suspicion and eventually confiscates the vehicle without warrant (Joh, 2014). This is an unreasonable search and seizure since the occupants of the vehicle presented no cause for an inspection but just minor speculations by the officer. At such a case, the officer has committed an offence since there are rules governing the search and seizure execution.
In the case that a police officer has confiscated any material and in this case the vehicle, then the consequences of using the vehicle in a court of law as evidence is inconclusive since the police did not have a warrant of search and seizure. In this case, the officer has lost the case even if there were possible reasons to conduct a deep search in the vehicle (Lipman, 2017). The officer stopped the vehicle after suspecting the vehicle and the driver of being in an unlawful mission since it was speeding on the highway. This is application of the rule of exclusionary which means that anything that is obtained from the vehicle as either evidence to another case will not be used in a court of law therefore it is not admissible at any one particular time.
Unreasonable searches and seizures in many cases affect the criminal justice system in a way that the materials obtained as evidence cannot be used in any justice system unless there was a warrant to conduct the search and seizure (Reid, 2009). In case there was property destruction in an event where there was an unreasonable search and seizure act, then the criminal department will have to cater for the cost of maintenance of the property destroyed.
References
Joh, E. E. (2014). Policing by numbers: big data and the Fourth Amendment.
Reid, K. (2009). Race issues and stop and search: Looking behind the statistics. Journal of Criminal Law, 73(2), 165–183.
Lipman, R. E. (2017). Protecting Privacy with Fourth Amendment Use Restrictions.
After Billy and Stan decides stop by a store, they unintentionally take a tuna can. Soon after they have left, the clerk at the store is killed which leads to the two being detained in connection with this killing. The two are arranged in court in connection to the murder. Arraignment is the first step - court appearance where criminal charges are read before the jury against the defendant (Gardner & Anderson, 2016). As a result of circumstantial evidence and confession to their shop lifting, Billy gets charged with murder while Stan is an accessory. The prosecutor informs them of being charged with murder of the clerk and the evidence available. Circumstantial evidence refers to testimony given by a criminal action party that allows conclusion which indirectly shows the presence or absence of fact that this party wants to approve. Informing the suspect involves their basic right where the prosecutor is required to provide evidence to the accused before the beginning of the trial. Testimony refers to information provided by a witness as form of evidence to the occurrence of a criminal action. An accessory to crime refers to a person charged with aiding the commission of a crime (Gardner & Anderson, 2016). The officer seizes Bill and Stan and throws them into a slammer, where they are informed of committing murder. Seizure is outlined in the Fourth Amendment as physical apprehension of a person through arresting or stopping them. Before the trial begins, Billy’s mother tells the two of Billy’s cousin, an inexperienced lawyer who has just been admitted to the bar and accused is allowed to bring his attorney before examining trial (Gardner & Anderson, 2016). Once the accused is brought before the judge, the officer examines the truth of any accusation made while allowing the accused enough time for procuring a counsel. The accused are brought before the court before the court during this examination. The presence of the accused has to be ensured before during witness examination as required by some states’ laws such a Code of Criminal Procedure in Texas. When he comes into the scene with his girlfriend Lisa, Bill is almost sure that he will be sentenced to death while his accomplice is less sure of whether he will get legal representation. They are both uncertain about their right to counsel. Right to Counsel is normally found in Sixth Amendment and requires the accused to have counsel assistance for criminal prosecutions (Regoli& Hewitt, 2010). The plot is all about trying to proof Bill and Stan’s innocence and finding a solution for the murder, since they are innocent until proven guilty. This is innocence presumption of a person who has been accused of any crime and this principle follow U.S fifth, sixth and even fourteen amendments. To the dismay of the accused, Vinny fails to exam the witnesses to the crime in probable cause hearing. At this juncture he did not even raise objection to admissibility of confession by the parties. Witness refers to a person who saw the occurrence of a crime or victim to it. Probable cause hearing refers to a pre-trial stage in a criminal case when it is determined whether there is existence evidence in regard to evidence search. Probable cause refers to a reasonable belief that any suspect committed a crime. In criminal prosecution, confession shall be admitted in evidence if it is given voluntarily. The ignorance of Vinny is further seen when he tries entering a plea at the arrangement upon meeting the judge and this frustrates him. A plea refers to answer by defendant to a criminal charge. A criminal charge refers to a formal accusation by the prosecutor asserting that an individual committed a crime (Regoli& Hewitt, 2010).
Stan fires Vinny after his poor performance during the hearing, decides to use the public defender and nearly convinces Bill to do the same but Vinny pleads for another chance. After improved performance, Billy’s confidence in him is restored and Vinny can have some sleep when he served contempt charges in a jail. Contempt of Court means a conduct that is disrespects the court’s authority. Public defender refers to an attorney who represents individuals who are unable to hire one. All defendants are guaranteed right to legal counsel assistance in the 6th Amendment. The prosecutor, Trotter, dismisses the charges with prejudice at the end of the movie. Charges dismissal refers to disposition of criminal proceeding. Dismissal with prejudice refers to a disposition that prevents a prosecutor from bringing up those charges in future against the defendant(Gardner & Anderson, 2016).
References
Gardner, T. J., & Anderson, T. M. (2016). Criminal law. Nelson Education.
Regoli, R. M., & Hewitt, J. D. (2010). Exploring criminal justice: The essentials. Sudbury, Mass: Jones and Bartlett Publishers.
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