Cybercrimes are some of the most advanced types of criminal activities currently in the world, this is so because, the criminal conducts the offense virtually thus making it hard for him or her to be easily traced. The two possible methods which can be used to investigate cybercrime are: through identifying any potential digital evidence, and the other one would be finding roper ways of working with different types of digital evidence (Shavers, 2012). Digital evidence include emails and the social media. Moreover, the situation should be assessed in order to determine the specifics of the cybercrime which has been committed, and whether the law in the given jurisdiction sustained whether guilt is proven or not. The initial investigation concerning the IP address, who, where, why and when the crime was conducted helps in identifying the criminal.
The best method of encryption which can be used by is using an anti-virus program. An anti-virus is very effective, since it prevents the access of information through malicious ways or through spoofing. This therefore ensures that the company conducts its operations at ease without any problems at all (Shavers, 2012).
The significance of the prosecutor carrying the burden of proof and evidence is because the prosecutor is responsible for the provision of evidence, and factual information, thus proving that the defendant is guilty. The prosecutor has to establish this, before the jury convicts the defendant. It is therefore the role of the prosecutor to convince the jury, that the defendant is guilty without any doubts. The prosecutor’s responsibility is to make sure that the defendant is guilty, and so he must be able to provide enough evidence against the defendant (Scheb & Scheb, 2011). Moreover, the prosecutor must convince both the judge and the jury the precise reasons as to why the defendant is guilty, also providing the reasons as to how and why the perpetrator committed the crime. If the prosecutor does not have concrete reasons as to why the defendant committed the act, the case would not go any further.
Reference
Shavers, B. (2012). Cybercrime Investigation Case Studies: An Excerpt from Placing the Suspect Behind the Keyboard. Burlington: Elsevier Science.
Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth Cengage Learning.
Young adults can be categorized as kids, since they are not mature, in their judgement and problem solving. According to a recent research, adulthood depends on the development of the brain, thus adolescents fall under the group of children, since their minds are not fully developed and thus their decision may be immature (Ethan, 2012). The mind of human being fully develops at the age of 25 years, thus making a person to be able to reason clearly. Due to the cognitive skills that the youths possess, they lack the competency to be able to focus on the consequences of the mistakes that they make. When they are sentenced as adults, it disrupts their education, thus when they try re-entering into school after their sentence, it becomes very hard. When juveniles are incarcerated in the same facilities as adults, it makes them to suffer both physical and emotional abuse, thus making them to grow up as very different people, who can be able to lead peaceful lives in future.
According to my point of view, banning mandatory life sentences without parole for juvenile offenders of convicted murder is not good at all. This is so because, juveniles do not get the required rehabilitation while serving their sentence, and this makes them very vulnerable to acquiring bad behaviours from their peers in prison (Ethan, 2012). Moreover, when they are released, they may not be able to relate very well to other people in the society. This may therefore make them to commit other problems hence making it hard for them to survive in the society. In addition, they might be discriminated by their peers, a thing which might affect them in their lives.
Reference
Ethan Bronner. (2012). Juvenile Killers and Life Terms: a Case in Point. Retrieved from: www.nytimes.com/2012/10/14/us/juvenile-killers-and-life-terms-a-case-in-point.html?_r=0
Due to various expensive lawsuits with employees, the company should add a new policy and provide disputes resolution through arbitration. First, arbitration is most effective because cases are solved within the shortest time possible thereby eliminating the appeal process (Cooley, 2003). In addition, arbitration is flexible unlike court litigation which involves various procedure rules. Note that in mutual agreement, the parties involves will exclude interrogation of witness and create their own rules. In arbitration, the process of discovery and trail is less costly unlike in court litigation where the process of pre-trial discovery requires higher cost. In comparison with court litigation, the arbitrators or one arbitrator will hear the case and make decision unlike in courts where multiple judges are required to adjudicate the pre-trial disputes (Cooley, 2003). However, there are some disadvantages associated with arbitration such as lack of transparency. The privacy in making decision result to bias since the decision is not publicly reviewed by courts. Lack of transparency also results to “apparent fairness” where the arbitrator opts not to follow the law and as a result, there are less favorable outcomes. There is also a questionable objectivity when arbitrators are chosen by parties from internal environment. They tend to be less objective thereby causing bias (Cooley, 2003). However, there are alternatives which should be considered in solving cases rather that litigation. The company should also consider negotiation as an alternative dispute resolution method. This is a satisfactory method since two or more parties will become into reconciliation after face to face communication. Through discussion and mutual concern, the parties will gain mutual benefit and develop an agreement. The company should also consider facilitation. Facilitated negotiation is important since the parties which hold the case will be motivated to reach into an agreement (Cooley, 2003).
Executory arbitration is legal. The National Labor Relations Act (NLRA) allows employees to have a ‘collective bargaining agreement’ which involve an arbitration clause. With voluntary consent, the arbitration law becomes enforceable and all disputes are solved under the power of contract doctrines. For the arbitration to be enforceable, employee are required to have ‘knowing and voluntary consent’ (Reilly, 2002). This means that employees should be conscious of what is involved in the agreement. There should be a contractual standard in order to avoid unconscionability. This will determine the enforceability and it will abide with contract law. This means that arbitration agreements are enforceable under the federal law. It is also important to note that voluntary consent provides effective resolutions by arbitration. Arbitration law is presented under the voluntary-assigned duties and many employees make a non-negotiable employment terms (Reilly, 2002). The law of arbitration compels the employees to do the right thing since they are protected by the securities law. Executory arbitration is legally binding and employees have the opportunity to present their agreements. It is worthy to say that arbitration is a constitutional guarantee since employees have right to a jury trial under the Civil Right Act. The company should consider implementing this new policy rather than submitting claims to judge. Executory arbitration is legal under both the Constitution and Amendments. The FAA introduced a contractual approach which holds the principle of executor arbitration. The ‘Separability’ asserts that the court has no power to enter into a dispute to arbitration if the parties have not created an enforceable contract (Reilly, 2002).. Under NLRA, employees have the power to give arbitration of grievances. FAA also makes arbitration agreements to become enforceable
The company should also understand views of general public arbitration. Federal Commission has negative views about this agreement and the agency has done an extensive research which concludes that mandatory arbitration agreement should not be enforced (Seminar et al, 2008). The Commission allows employees to bind arbitration and to choose other alternative methods. According to NLRB, mandatory arbitration agreement has unfair labor practices and such practices will cost charges under NLRA. Legislative response clearly shows that the congress members are against the mandatory arbitration agreements arguing that the practice has no legal standards. The general public perceive the agreement as unfair because they belief that employees do not understand the law and legal rights (Seminar et al, 2008). Majority does not recognize the procedure ramifications and as a result they are not able to strengthen their claims. Due to lack of knowledge in procedural protection, employees do not recognize the substantive protection afforded by law. In analyzing the negative views of the general public, the company should understand that misconceptions about the arbitration law (Seminar et al, 2008). Due to lack of understanding about the law, arbitration produces cognitive bias and employees’ causes severe errors as well as judgment inconsistencies. In this case, employees underestimate risk since they do not understand the real probability of undesirable events. It is important for the company to consider the view in relation with condition of employment. Majority are likely to terminate the employment due to arbitration (Seminar et al, 2008). Since there is no negotiation, the company will incur the cost when trying to gain favorable terms. In arbitration agreement, there is unequal bargaining of power and this makes it hard to implement voluntary consent standard.
In legal precedent, arbitrators select and interpret the rule. In international arbitration, arbitrators concentrate on national laws principles in preventing the binding of previous legal principles to be used in other disputes. The International Court of Justice makes sure that rules are followed and there is ‘consistency of jurisprudence’ (Guillaume, 2011). It ensures this by emphasizing on ‘settled jurisprudence’. This means that all cases are valued differently and court ensures jurisprudence precedence and precedence departure. In international arbitration, the decision made for cases have quality variability and the tribunals lack the chance to render previous decisions. Majority of members in international tribunals delegate the interstate arbitration and they remain faithfully with precedent (Guillaume, 2011). In commercial disputes, there are arbitral awards which private companies offer. In this case, arbitrator ensures that there is a high level of confidentiality in contractual disputes. The international law of arbitration puts much concern on procedural matters in arriving at legal conclusion. The law puts concern on internal review and ensures the reassessment of precedent. Given that there is an agreement in the arbitration clause, employees are supposed to fulfill the contract agreement and more important meet the precedent requirement (Guillaume, 2011). To ensure that employees maintain privacy, employers and employees follows the Privacy Act which ensures protection against disclosure. It is important to note that arbitration is confidential in the federal context. The involved parties should comply with Privacy Act rules. In most cases, arbitrators use common rule which helps them to have a reasoning judgment and agreement. To ensure jurisprudence, they ensure clarity, permanence and legal certainty (Guillaume, 2011). Under common, employees cannot disclose information, must follow the normal legal requirements and maintain legal relationship.
Reference
Cooley, J. W., & Lubet, S. (2003). Arbitration advocacy. Notre Dame, IN: National Institute for
Trial Advocacy.
Reilly M. Christine (2002). Achieving Knowing and Voluntary Consent in Pre-Dispute Mandatory
Arbitration Agreements at the Contracting Stage of Employment. 90 Cal. L. Rev. 1203
Guillaume Gilbert (2011). The Use of Precedent by International Judges and Arbitrators.
Journal of International Dispute Settlement, Vol. 2, No. 1
IAI Seminar, Gaillard, E., Banifatemi, Y., & International Arbitration Institute.
(2008). Precedent in international arbitration. Huntington, N.Y: Juris Publishing, Inc.
In 1944, the government made the ruling that people of Japanese descent were a threat to American citizens after Japan attacked Pearl Harbor. The government was operating on the belief that Japanese were still loyal to Japan and that this posed a threat especially with the World War II still ongoing. As a remedy, the Supreme Court made the ruling that all people of Japanese descent be forcefully sent to internment camps, a decision that saw 120,000 Japanese, 70,000 of which were citizens of the United States (Landmark cases, 2015). Despite being authorized by the president, the decision was a violation to Japanese’s human rights.
The discussion held by Karen Korematsu and Peter Irons brings insight to the situation as well as revealing how the move infringed on the Japanese’s constitutional and basic human rights. Although Japan did attack Pearl Harbor, the government had no right to assume that all Japanese, including those with American citizenship, were loyal to the Japanese government. Forcing them to move into internment camps was not only a form of racial discrimination but also a violation of their basic human rights (Landmark cases, 2015). People of Japanese descent such as Fred Korematsu were racially discriminated against and forced to relocate to camps simply because of their race. The Supreme Court failed to live up to its responsibility of protecting the constitutional rights and freedoms of not only citizens but also human beings. Because of its ruling, people like Korematsu had to flee from their homes to avoid capture and to avoid being taken to internment camps. The fact that the court overturned Korematsu’s conviction as well as gave him a medal of freedom proves just how wrong the decision to hold people of Japanese descent in internment camps was (Landmark cases, 2015).
Reference
Landmark cases, (2015) “Korematsu vs. United States”
The defendant will primarily be accused of violence in the court. The defendant’s rights will therefore not be viewed differently by the court based on the status of the crime. The defendant will, therefore, be treated as innocent in the court’s proceeding until proven otherwise by the accuser (Hucklesby & Wahidin, 2013). In England, criminal defendants are entitled to several rights and the most significant one is the provision of protection by allowing the prosecution to provide reasonable justification for the conducted crime. The rights that are entitled to the defendant may include having a public trial, a jury trial, witness’s confrontation and the right of remaining silent during the question process with the provision of adequate representation (Hucklesby & Wahidin, 2013). In Britain, a crime that is subjected to an assault that involves violence will be directed to the proceedings that are classified by law. The court system in Britain is developed on the conception of private prosecution.
The system of justice is a mechanism that upholds its regulation of law, the courts, therefore, offers a forum where disputes can be resolved as well as offer examination and law enforcement in a justified and fairground (Hirschel, Wakefield & Sasse, 2007). I believe that one thing that should change about the court system in Britain is to ensure that the defendant is given a chance for a public prosecution instead of the whole idea being private. This will work in ensuring that there are fairness and efficiency in the judgments. In addition, this will provide the defendant with adequate opportunity to prove their stand and thus allowing the court to judge on their guiltiness. Public prosecution is a way of increasing transparency in the court system since this means that the outcome of the case will not mainly rely on the higher authority but the ability of each party in proving that they statements are true, factual and adequately justified. The correction system, on the other hand, should establish better ways of hosting the wrongdoers to ensure that they are corrected in a favorable environment. The current system is characterized by incarceration due to the high population of prisoners with inadequate facilities to host them. This condition affects the ability of the system in transforming the prisoners based on that the developed strategies are not grounded firmly. Punishment should also be objected on ensuring that it reforms the persons rather than ensuring that they pay for what they did. The punishment should, therefore, be a form of training that will help the prisoners in gaining beneficial skills that can be utilized in the future (Hirschel, Wakefield & Sasse, 2007).
The condition that the defendant is likely to face is poor living condition due to incarceration. In addition, he is bound to experience harshness in the punishment that he is to serve due to violence. Criminal assault is highly rejected in England and those that are involved in it are subjected to high sentencing accompanied by punishments (Mallicoat & Gardiner, 2013). The high incarceration is caused by the fact that most of the sentences in England even those that are considered to be minor in other states are regarded as unlawful crimes. In this regard, most of the offenders are normally sentenced for a particular period to ensure that their conduct is corrected. This, therefore, implies that the correction system is normally crowded with offenders who are there to serve their sentences and achieve transformation. This conduct, therefore, leads to poor conditions since the facilities are normally inadequate to handle the high population (Mallicoat & Gardiner, 2013). This is accompanied by harsh punishment that is targeted at transforming individuals which should be replaced by training programs. The correction, as well as punishment system in Britain, is similar to those of most of the states which are objected at reforming. In addition, the system is grounded on different policies and corruption, prisoner’s rights and the use of authority as the common ethical concerns in other states such as in America.
The criminal justice ethics scope is normally developed in a reduced forum to include a wider range of complex ethical issues that are experienced within the justice institutions such as courts, police stations and correctional institutions (May, 2008). Some of the ethical issues normally include the utilization of power policies, corruption as well as prisoners rights (May, 2008). There are some ethical issues that I observed with regard to both the courts and the correctional system of Britain. In regard to the court system, the primary issues that I observed are confidentiality and punitive policies. The policies that are objected at ensuring that appropriate punishments are given to the offenders should be reviewed. This is because the policies are not properly structured and designed to ensure that each crime is sentenced appropriately without being unfair. On the other hand, the ethical issues for the correctional system in the country are poor living conditions and unusual punishment. It is good to punish those that act against the law but correction implies being able to ensure that transformation is enhanced on their conduct. The correctional system offers cruel punishments to offenders which may change them by adding more bitterness to their existence rather than solving their issues (May, 2008). This may increase the probability of the offenders being involved in criminal acts in the future. In addition, poor conditions due to incarceration are another issue that should be addressed to ensure that the prisoners get a better setting for transformation.
References
Hirschel, J. D., Wakefield, W. O., & Sasse, S. (2007). Criminal justice in England and the United States. Sudbury, MA: Jones and Bartlett Publishers.
Hucklesby, A., & Wahidin, A. (2013). Criminal justice. OUP Oxford.
Mallicoat, S. L., & Gardiner, C. (2013). Criminal justice policy. SAGE Publications.
May, D. C. (2008). Corrections and the criminal justice system. Sudbury, Mass: Jones and Bartlett Pub.
As an arbitrator in the case of Thelma v Garden Way, I would rule in favor of Thelma. This is because a chain of command was not presented as it was supposed to in the court. Garden Way failed to preserve the evidence from 3rd may till the time that the evidence would be presented in court. Thus Thelma had a stronger case against the company since the union that protected Thelma’s right presented evidence that the urine sample that the company had taken could not be traced back to Thelma (Kearney et al 2014).
Additional evidence from the company would have been offered so as to make their case strong. A recording of Thelma denying her accusation would have been provided. A written employment agreement that Thelma was on probation would have made their case strong. A testimony from Thelma’s friends who accompanied her to the party would also have helped in confirming that Thelma was actually at the party. A photograph of Thelma smoking marijuana would have proved that she was an addict and this would have enabled the company to win the case. However, the case had little evidence thus it was hard to really determine. However the arbitrator had to rule the case.
The dismissal was unreasonable since Thelma had used drugs on one occasion before she was employed by the company. Thus the company should have first considered hearing her appeal and justification at the moment and issue her with a warning. Later the company would have taken a drug test after the warning and if it tested positive at that time, then they would go on ahead with firing her. This would have been regarded as a reasonable dismissal.
References
Kearney. C. R & Mareschal M. P (2014). Labor Relations In The Public Sector Fifth Edition. CRC Press, Taylor & Fransis Group.
While taking extreme decisions in employment issue like the termination of a worker, all the mentioned factors should be considered. Employee handbook as well as company policies are essential as they direct the company’s culture and also shape the worker’s conduct in the profession. Moreover, factors that are given by the grievant and the witnesses should also be well thought-out. At time so as to be able to resolve the conflict, it is important to be able to take certain measures and steps which oppose the organization’s policy (Kearney 2014).
Unprofessional conduct may involve to as a person’s lack in knowledge as well as expertise in regards to their profession. Thus the person is viewed as one who does not have the ability to meet all the standards that have been established by the profession. It is also concerned with the person’s ethical behavior in his or her work and mostly in relation with the negligence and incompetence of an individual. It therefore basically deals with the view on whether the behavior is regarded as detrimental and on whether the behavior was on purpose or not.
Being the arbitrator, I would have ruled in favor of the employee and especially King. This is because, despite the fact that the fight was between the two of them, he admitted his mistakes unlike Barnhill who actually formed a lie. According to the employee manual a just cause could have been given but hiring of these workers would not be a just cause for King. This is because he was more professional than his colleague who was unprofessional, inefficient as well as racist.
References
Kearney. C. R & Mareschal M. P (2014). Labor Relations In The Public Sector Fifth Edition. CRC Press, Taylor & Fransis Group.
New law lets husbands sue to stop wives having abortion
According to the CNN news, there is a new law that has been established in Arkansason abortion. This will allow husbands to sue the physicians so as to stop their wives from getting an abortion. This law also makes no exemption on the cases of spousal rape. The Gov. Asa Hutchinson passed and signed this law referred to as the Arkansas Unborn Child Protection from Dismemberment Abortion Act. It therefore hinders a dismemberment abortion which is one of the most common procedures that is used in the second trimester abortion. The husband suing the doctor for the wife’s abortion must however be the real father of the child and since there is no immunity in the law for rape case or incest, a woman’s rapist can also be able to sue the doctor so as to stop the abortion (Criss n.p).
In most cases the husbands’ who are the expectant fathers are not usually given a chance to air their voice in abortion decisions. Thus the women do this cat even without considering the fathers opinion. However, the law tends to favor the rapists as they are also authorized by the law to file suit for a control f an abortion. This would even cause more emotional pain to the women who are usually raped.
The law should therefore try to come up with an exemption for the rapists as this kind of pregnancy is one that is uncalled for. This would help in reducing even the rape cases in the country. In doing this, the law is good as it allows for a collaborative decision making in most of the marriages.
References
Criss D. New law lets husbands sue to stop wives having abortion, 2017. Retrieved from: http://edition.cnn.com/2017/02/07/health/arkansas-rape-law-trnd/index.html
Function of the supreme court in the policy making process
A policy is referred to as a standard or a certain rule that is set so as to guide decisions and influences on the rational results. The constitution does not entirely allow the Supreme Court to have the mandate over the judicial review but rather it gives them the mandate to overturn laws as well as decision-making actions that are viewed to be unlawful or as well as unconstitutional. It first instituted its authority to declare the laws unconstitutionally in the case of Marbery v Madison in (1803) where the system of justice and checks were consummated. Constitutionally, the court has the power to ensure that checks and balance in policy making are adhered to constitutionally. The boundaries to which policies are made and enforced are set by the constitution of the people and it is the role of the Supreme Court to protect the boundaries from being bypassed by anyone. The Supreme Court therefore plays an essential function in our constitutional structure of the government. It is the uppermost court in the entire nation and thus it has the role of making the final judgment for the victims looking for justice. It also ensures that the government understands the extent of mandate to which the branch of the government has. For instance in the case of Humprey’s executor v United States (1935) and in the case of United States v Nixon in (1974), the court forced a limitation on the executive power (Adolino et al 2010). The court’s judgment are guided by the constitution of the land and thus they prohibit the passing of a given law or policy by the compact majority which may harm or take advantage of the less popular citizens.
References
Top of Form
Adolino, J. R., & Blake, C. H. (2010). Comparing public policies: Issues and choices in industrialized countries.
The court system in most cases while sentencing a convict, their intentions are usually right as their core focus is to teach the convicts a lesson to themselves so that they do not repeat the same act again. This also acts as a preventive measure to others who may be intrigued to do the same. The years that they are sentenced are quite enough and thus canning is not an efficient way of sentencing in concurrence with the prison term. However in some cases such as in the raping case, twenty eight years were very lenient and for them to learn a good lesson the court should have increased their sentence. Beating may not be the solution to these convicts who are unethical and hence they should be isolated for a longer period so as to allow the rehabilitation process before they serve all their sentencing (Roth 2006). Allocation of funds is quite essential in the development of prisons and the improvement of the prison services. As a prison warden I would decide on the allocation of funds to inspire a rehabilitation curriculum that would offer education, rehabilitation as well as reentry assistance to the imprisoned victims. This program would provide the imprisoned encouragement and inspiration so as to be able to take the stock of their life experiences which drove them into committing the criminal activity. Thus they would be able to be responsible for their criminal conduct and will be able to change the lifelong patterns of violent behavior and craving thus they are able to build and lead productive lives. As they get released out of prison, they ought to be better people in the society than they came in prison.
References
Roth M. (2006). Prison and prison systems: a global encyclopedia. Westport, Conn. Greenwood press.
There three issues arising from this scenario includes the work safety, occupational health and work –family conflict. These issues represent the stressors that affect the wellbeing and the performance of the correctional officers while carrying out their duties in the correctional facilities’ working environment. Work safety issue is indicated by the correctional officer being alone in a cell block during the shift change which exposes them to assault from the inmates. Working in prison as a correctional officer means that one has to get involved in mendaciousness, confrontation and use of force (Brough, Brown & Biggs, 2015). The officers face the challenge of being confronted physically by the inmates while trying to keep order inside the cells. Hence, the threat of injury from violent confrontation from inmates while supervising them is a serious safety issue. For instance, the correctional officers experience the highest number of non-fatal violent cases as compared to other professions apart from the police officers. Therefore, an officer being alone in a cell block exposes them to high risk of harm from violent inmates.
The other issues relates to the officer occupational health arising from the various stressors which are linked to the inherent nature o this profession. The officers have to work in a closed environment that also secured which limits the freedom of movement and the officers do not have exposure to natural lighting or outdoors. In addition, the job’s physicality involves carrying equipments and having to walk or stand for long periods places a lot of stress to the officers, the results of which are chronic, knee and back injuries. This can be associated with the officer at the cell block feeling weary for working overtime during the week. Working for long-hours while standing or walking can be draining to the officers since they may b forced to work over-time without having to break even for lunch at times. Another stress factor involves not being able to know when a crisis may arise which brings about permanent hyper-vigilance. The officers may find themselves in places where they have control and yet have not control (Brower, 2013). The occupational health issue can be very overwhelming to an individual and can finally lead to fatigue and lack of motivation for the job. The other issue relates to the lack of work –life balance which leads to work-family conflict (Brower, 2013). A major work-home issue that correctional officers experience involves the demands from work that can have a negative impact on their home. The result is an incompatibility between the roles of the officer and home and at work (Brough, Brown & Biggs, 2015). The officer has to remain awake to take care of an ill child at home while he or she is expected to deliver at workplace resulting to this conflict.
Various strategies can be used to deal with these issues which comprises of implementing of programs aimed at ensuring officers wellness. To take care of the work-safety issues, the program should aim at ensuring there is enough support for officers during the changes of shift to avoid any assault by hostile inmates. For the purpose of occupational health issues, the program should ensure there is an open communication line that is professionally driven with superiors about the strains the officers are undergoing and how to offer relieve. To achieve a healthy work-life balance, the officers should be allowed enough time to reach out to families and professionals and to rest (Brower, 2013).
Reference
Brough, P., Brown, J., Biggs, A. (2015).Improving Criminal Justice Workplaces: Translating Theory and Research Into Evidence-based Practice. Routledge. 160
The tribunal and argument providing the right and true facts regarding the case that is being offered by the jury for a conviction of a criminal are one of the implementation that would be carried out in an adversarial system. Thus the judge will try to make certain that fairness as well as adhering to rules of law is made (Dammer & Albanese 2004). However, one side might fail to reveal crucial elements and evidence of a given case thus making one fail in having a court trial and may just have a plea bargain from the criminal and thus having a minor charge for their crime. Since this may occur in a court, the supreme judge should, therefore, motion to sustain a trial by jury.
Response 2
Willing to give up a trial by jury would be my decision if I was on trial for committing a crime. I would, therefore, be able to get a plea agreement for the crime that I have committed so as to get a minor punishment than getting a harsher one if the jury proceeded over the case. Pleading guilty at the start would eliminate trial with a jury as most of the cases are determined through guilty pleas just before getting a trial. The right to counsel is one of the rights that I would not be willing to give up since I would experience have to have my case without any attorney. The absence of an attorney may result in a horrible consequence and a more tough punishment by the judge or else the jury. Thus the right to any help by an attorney results in a much fairer trial.
References
Dammer, H., & Albanese, J. (2004). Comparative Criminal Justice System (5th Ed.). Belmont, CA: Wadsworth Cengage Learning.
Employment is threatened by varying circumstances and it can have an overwhelming impact and especially where the threat is perceived as unjust or rather unfair. Providentially, most employers will offer opportunities through issuing of warnings to their employees where their code of conduct is in line with the organization's rules, standards, and laws. Thus warnings are issued to the employees following their unsatisfactory behavior thus they are allowed to have a second chance to rectify and to resolve the situation. However, this is not usually the case as some of the employees fail to give their workers second chances or warning and thus they are forced to give out redundancies and terminations of the employment contract. Unfair dismissal, therefore, refers to the firing of an employee out of the job unreasonably and without a proper notice or rather compensation. Some of these employees fail to sue their employees or their wrongful firing since they fall into one of the belief (Duncan 2016). However, unfair dismissal application is limited to only small business employees where the workers are less than fifteen. Unfair dismissal law has been established with an objective of providing rules that govern whether the dismissal of the employee was fair and reasonable and offers the remedies for the resolving the issue. It is, therefore, important to note that before dismissal of a given employee, the employer must be able to follow a given process and he must show that they have assisted the employer to improve on his work before dismissing them. Failure to do so, the employer has a right to sue the employee as they are protected by the employment tribunal. This paper, therefore, will base its argument on the case of Gary versus Ron where Gary is advised on how to handle the issue with Ron and the legal issues on the case.
Issues
Ron qualified to make a claim since he is one of the employees thus he can be protected by the law under section 94 in the Employment Regulation Act (ERA). He is also an EU worker who is as well entitled to protection under article (7) of the regulation of 492/2011. He had a case since he was entitled by the law to make a claim for an unfair dismissal once he was employed for ten years. The law allows for an employee to make a allege for unmerited firing if he has been working for more than two years and in this case, Ron was employed by the company for more than two years. Hence, with the law under section 181, Ron qualifies to make a claim within three months.
His dismissal was unfair since the employer failed to follow a fair process as per the ACAS code of disciplinary and grievances. He did not receive a notice as required under the S. 95 (ERA1996). Though the dismissal was clear the employer failed to give out a written letter showing the reasons as to why they dismissed Roy and this is can be used against Gary in the employment tribunal as it is a violation of the ERA (1996) S. 92(1). He was entitled to that letter and thus he should have been given before being dismissed so as to prove that the employer had nothing to hide. The fact that he even did not sign in for any settlement agreements means that he was free to make any claim since he was not restricted by law under S. 203 (1). Thus Roy had a strong case against Gary since he failed to follow the lawful procedure of dismissing Roy.
There was no reasonable reason as to why Ron was fired in relation to the circumstances. This is because the director failed to make a fair decision regarding the issue. As a legal advisor, I would advise Gary to first acknowledge that there was a case between him and the employer. Considering all the issues and facts of the claim it is evident that Ron had the right to make a claim but on the other hand, the issue is whether he was dismissed unjustly or justly? According to the same law on ERA S. 98(123) the fair reasons as to why an employee can be dismissed can either be due to misconduct or qualification problems or other considerable reasons (BELL 2006). However, Ron was at fault in this case since he used the business card to fuel another car instead of one car that is registered with the card. He also used the card to fuel the car two times instead of one time per day. Investigating the issue the company identified that this was a repeated misconduct as he had done this in the past. He thus broke the employment contract basing on trust and confidence. More so he breached the code of honesty. Gary and his company had not only tried in making investigations as they had looked into the records related to the misconduct carried out by Ron but they had also come up with a report on the same. However, Gary is likely to lose the case since the dismissal was unreasonable as it did not follow the ACA procedure. A Buzolli v Food Partners Ltd EAT 0317/12 is the similar case that was ruled to have a fair dismissal though they failed to comply with the ACAS code. Ron was not given a chance to appeal to the claims against him as he should have been given a chance to hearing before being dismissed. The process is important as it allows for a two-way decision and agreement on dismissal but this was only one sided and thus it would make it hard for Gary to win the case.
Conclusion
It is thus evident that though the dismissal is unfair in regards to the procedural grounds alone, a tribunal will be able to reduce the compensation that would be payable to reveal the possibility that the dismissal would have gone on anyway even if a reasonable procedure was followed. The tribunal therefore not only looks on a partial process but rather the entire process of dismissal. Thus the case between Gary and Ron clearly indicates that misconduct is a serious offense that can affect the relationship between the employer and the employee thus making continuance impossible. Thus if Gary had followed all the rightful procedure he should have won the case since his dismissal action or decision was fair. However, Ron had a strong case against Gary as he was not given notice or rather a warning before his dismissal even though he was at fault thus the employment tribunal may rule the case in his favor.
References
BELL, A. C. (2006). Employment law: textbook series. London, Sweet & Maxwell.
Buzolli v Food Partners Ltd UKEAT/0317/12/KN
DUNCAN, N., EADY, J., HUNGERFORD-WELCH, P., NAG, S., SPRACK, J., & BROWNE, J. (2016). Employment law in practice.
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