Juvenile Justice System and Cultural Comparisons

In States where Juvenile searches is allowed an officer may conduct search without any warrant, the courts have certain way of appraising including if the juvenile had had erstwhile justice system interaction. For the very young juveniles, they have the audacity to wave Miranda rights as soon as they consult with the guardian. The law and order enforces has the discretion to apprehend a juvenile if there is serious offence, number of the occurrence, and lastly prior mention in the court. The ultimatum of the situation such as characteristics and attitudes is up to the discretion of the police to consider and on the wider perspective is the predisposition emanating from the officers. The police department ought to ensure discretion is applied in effective and nondiscriminatory way through control of the law, extra trainings on how to handle juveniles apart from the written guidelines. Nonetheless, there are those varied strategies which have been widely cited as the best means when addressing juvenile delinquency, taking an active part of the society would amount to better community policing. The issues of court fragmentation can be solved through systematized jurisdiction responsibilities right from the county to State levels. The relationships in juvenile courts are restricted so as to safeguard the interest of the juveniles in attaining justice.

The court hearing of a juvenile undergoes three profound steps which differ from the criminal court. Subsequently, when juveniles receive penalties from criminal court there would be high chances of harshness and perhaps the severe exposure. After the judgements have been passed the juvenile can be transferred to the many community correction centers where intensive supervision can be instilled. The juvenile justice system works to the best interest of the juvenile delinquents whilst putting the interest of the society, although placing them at secure institution would always is the last resort. In early days twentieth and twilight of nineteen century before reforms were instigated, police dealt with juvenile crime offenders in their own way of discretion. Also, during the same time policewomen roles with those of the male counter parts were different, male apprehended them as the female helped in follow up. However, when the offences are much serious same as demonstrating no chances of being amenable juveniles might be forced to face restricted movement in fortified institution. During their confinement at correctional facilities they are prompted to receive external services such as value of education, training, psychotherapy, and treatment as well. All this are aimed at transforming delinquent inmates.

Divorce is no longer strange in our contemporary societies thanks to the appreciation and tolerance of various alternate family structures. Poverty on the other hand has derailed families insignificantly; helplessness to plan ahead plus other crucial judgement are to be blamed. And, you will find that children are subjected to a number of physical damages, at worst would be sexual abuse befalling children at it worries when it goes unreported. Nonetheless, divorce affects children in a varied number of ways of which is not limited to the juveniles feeling free to engage in unscrupulous behavior. At school children are expected to learn some common basics in regards to academic goals, personal vision and how they should behave in a civic manner. Conversely, with undesired curriculum schools might fall short of these objectives.

There are known gang characteristic as per the description of miller and it is common among most of the gangs. They crop up courtesy of bonding after erroneous act of crime has been committed. To reduce gang formation, school improvements, building recreational centers and tapping employments opportunities is primary deterrence technique. If this fails the secondary measures are in place to safeguard gang outspread. Consequently, gangs are motivated by drug use, the laws governing the adults and children should be different since maturity and rational decision differs by far. The effects are far much worse too, lung cancer, school dropouts and addiction might be succumbed at last. A prevailing influence of peer pressure has long been known to cause youth abuse of substance as external factors whilst genetic are internal drug misuse factors. As far as selling of drugs by youths are concerned impacts are punitive even though not compared to adults but in the long run youths would opt to depend on It to support their habits. Substance abuse deterrence exertions are strategized to help youths avoid drugs in accordance to their different levels of risks. Inspirations, detoxification and life style modification are critical factors that may impede efficacious drug cure.

BUSINESS ETHICS

Q1

According to the case of (Pelman v. McDonald’s), it was suspected that McDonald’s were partly accountable for the health troubles especially with children obesity while consuming their products. McDonald’s among other fast foods must be held responsible for offering products that are quite harmful to the body health. The fast food stores should desire to be socially responsible and be aware of the fact that obesity rates are on the rise. However, each buyer should be personally responsible for their health by researching the advantages and disadvantages of the products before they buy (Hartman & DesJardins, 2013).

Q2

Market approach has underlying assumptions of efficient, free and a competitive market that is measured by the cost-benefit ratio. It is limited through the inadequacy of solving problems sustainably. The environmental burden is the cost is barred by the parties who do not participate in the economic exchange. Regulatory approach refers to the legal requirement of business that helps them meet environmental responsibilities. Laws implemented are limited to a local influence. The sustainability approach meets the needs of the future generation to meet their own needs. Sustainability opens up walls for a funnel (Hartman & DesJardins, 2013).

Q3

My personal opinion is that I believe that any form of living things have rights just as humans. However, the animals may not be advanced just like us but they are equally important as animals and plants give us food and oxygen which is crucial for a living. Our ecosystem requires a balance in all the living things in order to form a conducive habitat for living in (Hartman & DesJardins, 2013).

Q4      

Agency theory clarifies on the relationship between the stakeholders and the representatives of the business. It relates to Enron debacle scandal in that the relationship between investors and the representative of the business failed to honor their relationship. The principles were deceived by the agents of the business who gave misrepresenting earnings in order to continue enjoying the investor’s revenue as they embezzled funds from investments and reported positive financial gains that were totally false (Hartman & DesJardins, 2013).

Reference

Hartman, L & DesJardins, J. (2013). Business Ethics: Decision-Making For Personal Integrity & Social Responsibility. McGraw-Hill Higher Education

Assignment One

Construction Law and Ethics

Question 1

The construction industry is normally faced with claims that arise from payment delays, total bills, maintenance deposit, and deductions and so on.  From the presented case it is clear that WAR holds several claims against Design king corporation.  This is very obvious that the mistake was done by the design that provided the wrong details.  The  first claim  is the  change claim  mainly because  as the subcontractor it was forced to perform some  specifications revisions  which led to the transformation of its  work scope as well as the mode of accomplishing  its tasks.  The change in design resulted in the increase in the amount of work for WAR. This, therefore, required the subcontractor to utilize more resources thus incurring an increased cost from what   had been designed before. The second claim that WAR holds against the company is delay claims. Due to the increment in the amount of work based on the changes of the scope, this necessitated the subcontractor to utilize more time than required in completing the project (Hewitt, 2011).  More time requires more resources and cost.  The another claim is the extra work claim.  The subcontractor was required to do more work than what was required before when the project was being assigned.  Extra work implies that there is additional work that the subcontractor had to engage in which was not included before in the contract (Hewitt, 2011).  The last claim is the contractual claim which mainly concerns the matters of the general contract.  The contract differs from the resources and operations provided by the subcontractor because he had to incur extra costs.  This generates a difference in pricing as well as evaluation.

Question 2

WAR holds intent, practice and policy argument against the corporation.  This is mainly because based on the design of the project it is clear that the designer was wrong in the provision of wrong details.  Based on the construction policy the subcontractor has the right to claim for additional payment based on the utilized additional resources and efforts in the projects. This, therefore, required the utilization of more time to complete the project (Kelleher, Walters, & Smith, Currie & Hancock, 2009).  The extra work that the subcontractor performed was not indicated in the contractor which raises the argument that more cost is necessitated.

Question 3

In order to verify the claim from WAR, the company requires a record of the materials utilized in completing the projects including the time period.  In  addition,  the prove that the  given  design was not accurate should be  provided to ensure that  the claim  of extra work  and  scope and specification changes  occurred is  real.  In addition, the general cost of materials should be indicated and the extra cost indicated with the adequate justification of spending indicated (Kelleher, Walters, & Smith, Currie & Hancock, 2009). This would help in justifying the extra work and changes of operations.

Question 4

The company as the contractor has to make its claims from the owner of the project with adequate justifications to prove that the design details of the project were wrongly drawn.  This will, therefore, help in regaining all the extra cost that is being claimed by the subcontractor.   The claim cannot be made to the designer as there the connection of the project existed completely with the project owner (Kelleher, Walters, & Smith, Currie & Hancock, 2009). The claims that the corporation has includes, measuring and pricing, contractual, scope and specification changes and extra task. This is, therefore, the responsible party that can consult these claims with the designer to gain evidence of the whole matter.

            References

Hewitt, A. (2011). Construction claims & responses: Effective writing & presentation. Ames, Iowa: Wiley-Blackwell.

Kelleher, T. J., Walters, G. S., & Smith, Currie & Hancock. (2009). Smith, Currie & Hancock's common sense construction law: A practical guide for the construction professional. Hoboken, N.J: John Wiley & Sons.

Assignment Two

Construction Law and Ethics

Question 1

Based on the case it is clear that the design report details were drawn wrongly.  It is normal for the construction contract to experience claims which are based on delays, a payment the cost of maintenance and so on.  From the case, WAR holds several types of claims against DesignKing Company.   The first claim is based on scope and specifications changes.  The contract aspects differed from the specification that was provided by the actual project (Thomas, 2016).  This is because the design details as established by the subcontractor were not correct.  This, therefore, required the subcontractor to perform extra tasks. This raised another claim referred to as extra task claim.  This implies that the tasks that were done in the project were completely different from what was indicated in the contract.  The contractual and pricing claim is another type of claim that WAR has against the company.  Due to measuring issues, the subcontractor was forced to utilize more resources and extra effort in the project.   A measuring claim is also applicable in the case because the designer of the project provided the wrong details to the project thus resulting in operations changes.  With changes in operation the subcontractor is required to work more (Thomas, 2016).

Question 2

WAR numerous factual and legal argument of making the claims.   First, the construction law requires the work to be accomplished based on the contractor that has been signed between the involved parties.  This, therefore, implies that since the subcontractor did extra work extra payment claims are valid.  On the other and  the contract  did not indicate  that  the subcontractor would be involved  in additional  tasks or  would incur extra  cost and utilize more  time in completing the  project (Thomas, 2016).  It was additionally not the mistake of the subcontractor that the design that was provided was wrong.  The specifications were drawn wrongly which thus necessitated the subcontractor to utilize more than anticipated before beginning the project.

Question 3

Apart from the direct cost of labor report that was provided by the subcontractor materials and time period report utilized in completing the project is highly necessary.  This will help in illustrating   the extra cost that the subcontractor incurred.  In addition, the specific measurements of the projects aspects which differ to those drawn by the designer should be provided. This will help in making an estimation of the extra coat and tasks that the subcontractor incurred as a result of the   design measurements reports that were given by the designer (Callahan, 2005). The contractor should thus provide   the general cost of the project and a comparison of what anticipated. This will help in justification of the extra cost that was developed.

Question 4

The DesignKing Company should directly claim the extra cost from the project owners as the employer.  This is mainly because despite the fact that the designer is the one who made a mistake in providing wrong measurements the designer and the company holds no association (Callahan, 2005).  By claiming the extra cost from the owner the company might be able to regain the extra coat that is being claimed by WAR.  It is thus clear that the designer made a mistake and this can only be resolved directly by the project owner who had hired the designer and the company.  The specific claims that the company has includes, measurement, change, pricing and contractual as well as an extra job. This is mainly because the mistake of providing the wrong measurements resulted in additional work, time as well as additional resources.

            References

Callahan, M. T. (2005). Construction change order claims. New York: Aspen Publishers.

Thomas, R. W. (2016). Construction Contract Claims. Palgrave Macmillan.

Criminal justice campus crime

Would you describe victim rights? What is the historical significance of the victim’s rights movement in the US? What rights can crime victims expect in the justice system and beyond?

A victim can be defined as someone who has directly been harmed by a crime committed by another individual. The rights of the victims depend on the seriousness of the crime in some states while in other states the rights are applied to the victims without considering the seriousness of the crimes. Victims as the law states have limited roles in the process of criminal justice and should be protected and have access to useful information that will enable them attain justice. The historical significance of the victims’ rights movement in the US is the fact that it ensured that victims’ rights were upheld and understood by the government. In the past days victims were given no rights unlike currently where the movement paved way for the rights of victims to remain upheld. The movement ensured that victims were given right to remain respected and treated with dignity. In addition the victims were given right to access any information and remain informed. The victims were given the right to get protection from other people and the government and therefore not subjected to threats and any intimidation during the time of the criminal proceedings.

Victims expect a number of rights such as right to be treated with respect and dignity, right to be informed, right to get protection, right to get compensated, right to restitution, right to get a faster trial, right to ensure all the victims rights are implemented as well as the right to ensure personal property is returned promptly. All these rights ensure the victims are well protected and that their human rights are not violated.

PURSUING CRIMINAL SYNDICATES

Organized crime refers to criminal activities that are managed and synchronized on a national scale. Organized crimes include gang, racketeering, and syndicate crimes (Infoplease, 2012). Unlike the organized crimes on a national scale street gangs are loosely structured with temporary leadership and membership, lightly transcended of loyalty and consist of informal roles for the members (Infoplease, 2012). There are enforcement strategies made by the government in order to eliminate the number of many gangs in the society. The laws put in place have not been able to successful eliminate gangs as the society is still affected by their illegal activities. It is arguably true to say that gangs have become more entrenched. This is because there are escalating numbers of violent gangs in the most basic level of drive-by shooting, motorcycle, and drugs among others.

The origin of organized crimes can be backtracked in the 1880’s when a set of persons who were working collectively obtained illegitimate profits from unlawful and aggressive means in New York.  With time the groups grew up to form mafia organization. These groups include the Italian mafia, Asian enterprise, and the Russian mob. The organizations are highly organized and comprise of powerful people some who are officials in the government (Infoplease, 2012). Law enforcement agencies have placed differently policies in order to combat the organized crimes. Some of these policies include vetting of government officials, heavy fines and long jail terms for those who have been found guilty (Infoplease, 2012). Although there is various measure put in place organized crimes still happen as to most of the cartels involved are very wealthy, powerful and have large organizational networks. It is, therefore, important to consider not only the law enforcement being carried out by the agencies but also educate the society on the effect it has on them and the economy at large

Reference

Infoplease (2012). Mafia. Retrieved from http://www.infoplease.com/encyclopedia/society/mafia.html

Infoplease (2012). Organized Crime. Retrieved from http://www.infoplease.com/encyclopedia/society/organized-crime.html

LAW ENFORCEMENT STRUCTURE IN THE UNITED STATES

The department of homeland security is made up of various organizations. The major organization includes US Citizenship and the Immigration Services that deals with registration of citizens in the country as well as issuing identification cards and passports. The organization aims at controlling illegal immigrants to the country (Homeland Security, 2016). The organization also has a task of controlling the number of people who visit their country. The department consists of the US Secret Service whose overall mandate is security intelligence. The organization ensures that security in the country is paramount as they act on any intelligent information about an impending attack that may jeopardize the overall peace of the nation (Homeland Security, 2016). The other main organization is the US Coast Guard. This organization protects the maritime borders of the states as well as save those in peril (Homeland Security, 2016). All these organizations are similar despite their roles in that they all aim at keep peace for the United States. A situation such as terror attack affecting one or some states will see all the organization come together by ensuring that the entry points are well sealed even in the marines, individual entering in the state are free from the terror groups and the secret service acts on the information they have relating to terror will be utilized.

Law enforcement in the US has key aspects. A primary body of the law enforcement in the US is the FBI which is a national detective agency that investigates crimes. Local law enforcement by the FBI is terrorism crimes that attract higher penalties (Welcome to the LAW, 2010). The Drug Enforcement Administration is a body that investigates drug trafficking crimes across the State’s borders and other countries. Law enforcement by the administration has the strategy of over 3,000 miles away from home in order lower the drug trafficking crimes (Welcome to the LAW, 2010).

Reference

Homeland Security (2016, June 28). Operational and Support Components. Retrieved from https://www.dhs.gov/operational-and-support-components

Welcome to the LAW (2010, July 1). 006 Structure of Law Enforcement. Retrieved from https://www.youtube.com/watch?v=zpOWbjWTMSk

First case: Weeks v. US

Facts

Weeks an employee of an express firm filed a case against the police officers who allegedly broke into his home since they had no warrant of arrest and confiscated his personal belongings such as envelopes and other important documents. Police were investigating a criminal action where Weeks had used the mail services to transport lottery ticket which was against the rule of law (Hall and Ely, 2011). In the United States, any search by the police or any other individual must involve a search warrant ordered by a court but the police officers broke the law by accessing the Plaintiff’s home without one.

Issue

The United States Supreme court asserted that the local police department of Kansas City had violated the law by accessing a private residential area without a warrant according to the Fourth Amendment. It is a violation of the law for a police officer to obtain another person’s documents against his/her wishes. The Supreme Court optioned to compel the local police officer to return the documents unless he has the warrant to have the documents (Hall and Ely, 2011). The police officers had also given the documents to the marshals and even went a step further to the home to get more evidence on the same day while still without a warrant. The due Process Clause to the Fourteenth Amendment needs to be interpreted to integrate the fourth amendment and also the remedy to the exclusionary rule in order to have a single rule to be applied in the United States. Using the fourth Amendment rule on the exclusionary rule, use of wrongly obtained evidence is wrong and can amount to a prosecution of the individual.

Rule

The court ruled that relying on good faith is allowed under the exclusionary rule and therefore the police officers are allowed to search premises without a search warrant if the situation does allow. This is however against the magistrates wish since the probable cause of action has misled the court on how the evidence was obtained. The exclusionary rule is there to prevent the police force misconduct such as illegal search rather than to prosecute the judges and magistrates who allow the use of false acquired evidence in a court session and under oath (Hall and Ely, 2011). Good faith is never applied where a court magistrate has used force information in decision making and where the warrant has not been obtained to allow a search of private property. The exclusionary rule under the Fourth Amendment should be used together in the Due Process. The Fourth Amendment should also be enforced in the federal court over the exclusion of any evidence obtained against the law. Any evidence obtained illegally should not be used in any court session. Protecting the Fourth Amendment will now be rendered not useful if the use of materials obtained legally will be used to rule over a case.

Application

The court ruling against the police department is clear and according to the rule of law and also the constitution since the use of evidence was warrantless. According to the Fourth Amendment clause, the court can agree and chose to disagree with the evidence presented to it by a defendant. In this case, Week being the plaintiff is to be granted a win over the police department for they had no warrant to even enter his property. The police department acting in good faith in obtaining the evidence might be considered however they have must prove beyond reasonable doubt reasons against the lack of search warrant. The relevant fact, in this case, is that the police have no grounds to search premises without a warrant and this case can lead to confiscation of their weapons if the good faith allowed by the court is not enough.

Conclusion

The plaintiff ought to win the case he presented before the court since the law acts on his side, therefore, bars the police force from accessing his home without a warrant.

Second case: Marbury v. Madison (1804)

Facts

Marbury being the plaintiff in this case where he accuses Madison of not providing the required documents to him after being appointed the justice of the peace in Columbian district by the president. The United States Supreme court of the landmark has to act according to the plaintiff's wish since he had the mandate to represent the country in Columbia but the act was hindered by the decision by Madison to not release the document.

Issue

Marbury filed a case against Madison directly to the Supreme Court without having it being reviewed by a lower federal court. According to the law, a case is heard in the Supreme Court through three different ways (Mountjoy, 2009). These three ways are by direct means to the Supreme Court, through a lower federal court to the Supreme Court, and finally through the state court to the Supreme Court. Appellate jurisdiction is exercised he in the last two options while the original jurisdiction is exercised in the first option as used by Marbury in his petition. In his defense, Marbury stated that the rule of law in 1789 gave permission to congress to enhance Supreme Court with original jurisdiction to cases that are ordered by the Supreme Court. This order led to issues that hindered decision making over the petition by Marbury (Mountjoy, 2009). Such issues are if the constitution’s article III allows for original jurisdiction, can the congress alter it or is the list exhaustive that the congress cannot alter? If the list is exhaustive and the Congress modifies it anyway, is it the congress or the constitution that wins the conflict? Lastly, who decides which party wins the conflict? To address the last question, the theory of judicial review is applied.

Rule

The court ruled that Marbury had reserved to be allowed to use the commission whereas the court had little or no power to compel Madison is providing the documents as requested by the commission. The Chief Justice by the name of Marshall ruled the decision in accordance with the constitution of law where in the case of vested legal right there has to be a remedy to right that compels court actions.

Application

Any federal court has the special obligation of ensuring the lower courts and itself is satisfied by the decision it makes and therefore its own jurisdiction. The case on the floor of the court is jurisdictional and therefore the constitution has to be applied in every sense (Mountjoy, 2009). However, this only applies in case an interpretation to the case is required where a constitutional issue arises. Marshall determined that Supreme Court would rule considering the original jurisdiction as presented by the commission. Altering the original jurisdiction was unconstitutional and was against it in determining whether the case was a success for him.

Conclusion

Marbury had the right to win the case but the judiciary act section 13 prevented him from being granted the win since the act conflicts with Article III of the United States Constitution. The constitution gives the president the right to appoint any individual without any doubt of which Madison fails to agree on.

References

Mountjoy, S. (2009). Marbury v. Madison: Establishing supreme court power. New York:           Chelsea House.

Hall, K. L., & Ely, J. W. (2011). The Oxford companion to the Supreme Court of the United         States. Oxford [etc.: Oxford University Press.

In Vile, J. R., & In Hudson, D. L. (2013). Encyclopedia of the Fourth Amendment. Thousand       Oaks, Calif: CQ Press.     

Do Executions Lower Homicide Rates?

The death penalty has been associated by criminologist for the longest time as the perfect deterrent of homicide. In 2002, Mocan-Gittings article expeditiously indicated that with each execution there were five fewer capital murders stopped (Radelete & Locock, 2009). Similarly, in Radelete and Akers survey from another leading lot of criminologists portrayed equivalent results. There is wide range view that capital punishment affects murder the rates in a significant way no wonder the rise backing for the deterrence philosophy. Even though, other studies published by economist Ehrich clinch show that there is no substantial evidence.

Adding more weight on this concept are dedicated field professor’s Adler and Summers, in 1979 to 2004 the two found astonishing results when their observation brought the number of prevented murders in the subsequent year up to twenty four (Radelete & Locock, 2009). Despite the critics notions still, the survey is in much favor in preventing more deaths. Emory group study dwelling on executions in the US from 1967 found astonishing results in which 91 percent of the States showed a rise in homicide consequently after the suspension of the death penalty (Radelete & Locock, 2009). Undeniably, this explicitly depicts the vitality of capital punishment in quest of lowering the homicide rates in our societies. Therefore, we should be keen not to have death punishment and accept a potential rise in homicide.

Reference

Radelete, L. & Locock, T. (2009). Do executions lower homicide rates?: The views of leading criminologists. The journal of law & criminology. Vol. 99 No.2, pp.489-508

Tort law

            The word tort is generally used to refer to a wrong while in the legal field; it is used to refer to a form of private wrong that often involves a private party. In the legal field, there are also torts that are in the public entities like various government bodies. A tort normally occurs, for example, when a social worker or a law enforcement officer engages in an action or actions, or neglects to do so and a private party claims that the act or failure to act caused them harm. It is often assumed that United States citizens gave their consent for the government to act accordingly when carrying out the duties assigned to them.  If a police officer or a government agent goes beyond the limits set for their employment, the person could be found guilty for committing a tort.

An example is a case where a police officer uses excessive force when apprehending a suspect. According to the rules stipulated by the police department, police officers are allowed to use some certain level of force when dealing with suspects that resist arrest or act violently. Though this may be the case, using too much force unprovoked could lead to the police officer being held liable in court for going beyond the boundaries set for officer’s conduct. In such a case, the police officer could be found guilty for torts like battery and assault.  If the police officer was working according to the scope provided by the department yet still caused harm to the suspect, the whole police department may be found liable or any other government body that the police officer was working for (Week 6).

When individuals file cases related to tort, they often seek damages caused as a result of the tort such as damaged property, personal injuries or an invasion to their privacy. In cases where actual damages occurred, the plaintiff seeks compensatory damages as a way of replacing only what was damaged. The goal is to return the individual to the state they were in before encountering the damage. In such cases, the victims could file for compensation of special and general damages. In the case of special damages, the victim is compensated for replacing any damaged property or goods and any medical bills that may have been incurred as a result of the damage. General damages are offered to the plaintiff as compensation for any emotional pain due to losing a loved one, physical challenges or tarnished reputation as a result of the damage caused (Week 6).

In the past, public and private entities used to evade lawsuits by use of policies such as assumption of risk, contributory negligence and the counter affirmative defense. They limited the tort liabilities that came about from their actions under the pretence of frivolous lawsuits. However, the legal system has undergone a lot of restructuring and revolution over the years making it possible for private entities to be held accountable for tort liability. An example of such reforms is the use of rules used in the state bar associations that propose that sanctions be imposed on attorneys that file lawsuits that have no legal grounds. Under these rules, the opposing council may request a judge to force attorneys that file baseless lawsuits to pay monetary sanctions. As a result of such systems set in place, frivolous lawsuits are rare and plaintiffs can comfortably file against a tort (Week 6)

Reference

Attached pdf “week 6 lecture notes torts and negligence”.

Structure of a bail bond business

Bail bond business is a corporation or an agency that pledge property or money and act as a security for the appearance of a person accused in court. Bail bond business help criminals to be released out of jail with a certain charge so as they can be able to fight their charges freely. The bail bond is a very risky business and it only requires people who are incarceration to face and meet obligations and also people who are committed to this business so as to lower the risks.  Bail bold agency requires rules and regulations in order to license and keep the record of an individual who has transacted fee given from the business. Through keeping the records of the bail bond business it can be easy to run the business efficiently without counting of loss. A bail bond can function well if it is allocated in an open place for instance if it is located near a court. This paper is focusing on the structures of bail bond business in Florida.

Sole proprietorship structure

Structures of bail bond business in Florida are a sole proprietorship, partnership, and corporation. Florida is a unique state to operate a sole proprietorship as compared to other states. Running a bail bond business on your own helps an operator to keep an appropriate accounting of the income and expenses. Operating a bail bond business as a sole proprietorship assists an individual in evaluating the tracks and progress at own expenses which can make a bail bond business to work easier. For a person who is operating as a sole proprietorship, he or she has to license his or her business so as to execute the file of the qualifying power of attorney form. Individuals who are operating bail bond business in Florida, are licensing their company in order to operate their business effectively hence lowering the risk in the business (Johnson & Ruth, 2013).

Partnership structure

Eric and Alexander (2004) implied that bail bond business in Florida can also operate with partnership either in general partnership or in a limited partnership. When a bail bond operates in partnership, responsibilities in the business rely on all partners of the business for instance when a loss incur in the business all the partners have to contribute an amount of money. With a general partnership, the bail bond business takes for granted by the assuming liability meant for the partners in the business. Limited partnership serves the bail bond business accepting the liability in the business without assuming liability for the partner

Corporation structure

Corporation is the expensive bail bond business as well as some of the drawbacks. In Florida, the bail bond operators in the corporation structures subject to corporate income are distributed to the shareholder in the company and each member have to contribute an amount of tax as it compares to their income rate. In a corporation structure, any individual act as a guarantee and pledge money of the bail bond business is accused in court (Johnson & Ruth, 2013).

In briefly, in Florida, the three structures all function well in bail bond business but the sole proprietorship is the best as it is compared to partnership and corporation structure. With partnership structure, the bail bond can operate in two ways that are in general partnership and limited partnership. Bail bond business can also work with corporation structure where the business can continue even when the owner has passed on.

References

Johnson, B. R., &  Ruth, S. S.(2013). The Regulation and Control of Bail Recovery Agents: An   Exploratory Study. Criminal Justice Review 38(2), 190-206

Eric, H. & Alexander, T. (2004). The Fugitive: Evidence on Public versus Private Law     Enforcement from Bail Jumping. The Journal of Law and Economics 47(1), 93-122.

http://smallbusiness.chron.com/start-bail-bond-business-2153.html

POLITICAL ECONOMY

Qn.1 Commentaries On The Laws Of England, Book 2 Chapter 1

In the beginning, the property belonged to all and was undivided similarly like one state meaning everything was publicly owned. But, later ownership of property came to be individualized with the rise of craft and population numbers. The law of nature dictates that the first user of a property may later gain rights of ownership and would enjoy all the rights entitled to the property. The property belongs to individuals only when present but the moment he leaves another character can seize it and thus the need of permanent home came to exist (Blackstone, 2014). They would enjoy rights not only limited to soil but also substance it came with, in which they would enjoy just like what a hunter for food would do for the significance of surviving without many tussles. Consequently, as more people moved towards this direction, the land grew scarce and living in harmony did not exist anymore. And, a later right of migration in search of new habitat was necessary. Invading on other people’s property was another ultimate option which of course was the next plausible course of action (Blackstone, 2014). Right to inheritance property is to be passed over to the children and other beneficiaries was continually accepted act. A property owner child and other siblings become the instant beneficiaries supported by the testaments

Qn.2 Burke And French Versus American Revolution

Burke in his infamous vindications of the natural society categorically talked about the desire, attachment to the institution and links them political background. The elaboration is quite one of a kind, though, that the whole idea of instituting is conventional (Bragg, 2015). Having a time spaced factors in relations to political décor and more significantly natural society is always very precious, he noted. Consequently, burke interjection views on empire in which he did not see any similarity with commonwealth nations, he believed that rulers should always portray magnanimity thus any form of power abuse is not to be entertained at all cost since it is forbidden.  The abuse of power especially coming from the Westminster and Georgian monarchy is what made burke dislike their way of ruling, similarly, he noted how the British colonies went  into revolt for no reason apart from the greed of levy (Bragg, 2015). Many saw British tax impose as the selfish act which ought not to be initiated at all, this would have put many American people in problems in so many ways. It was clear that he was not in support of the American way of revolution; he had a number of approaches on this one being to conquer the North American colonists or conciliate.

Qn.3 Mansfield On Tocqueville

Being a concealed thinker he is, in the sense that it would hard to get the exact position. The providential fact as it has been put across comes along with a combination of virtues and elevation as one network and that itself is the democracy (Kristol, 2015). He did not believe in rational administration. The rise of commoners and power vested in the people was basically what happened during the French revolution in which according to Tocqueville had no sane. Aristotle depicts that humans always have politics in them even though they do not want to embrace it. Feudal system occurs even in democracy scenario when it reaches a point the nobles no longer agree with the systems (Kristol, 2015). Association is a sure solution to this. Despotism arises when association starts to decay and people stated to react, the case of Russia is typical a reflection of the same in

Qn.4 The American Revolution And The Pamphlet Debate

Gordon sums it all for the 250th anniversary of the Stamp Act Crisis which marked the beginning of American Revolution (Bahr, 2015). In fact, this is what later gave America independence. The debate discussed the contest of independence which was fiercely contested between the Britons and Americans. In regards to taxation, the colonies looked punitive to them since they had not seen such and to them, it was a violation of their rights, there were issues of acceptance of parliament. Certainly, the Britons were greatly in debt and enforcing the tax was their better way around for any financial help and this would work very well bearing in mind that they had wealth colonies. However, Americans saw all this as an infringement of their rights, no representation no taxing. The American choice was either totally independent to parliament their authority of which they preferred independence right from the start. Subsequently, all other intellectuals agreed to be part of the king alie (Bahr, 2015). The regulations in which it would mandate Americans from Britons were heavily depended on levies even though they no refute with parliament system. The property rights, duties, and taxes meant that they would have given sovereignty and would look like slavery kind of a thing. Power and person generated all these factors especially over property and being in support of the revolution would incline giving up. Burke thought, British policies as inflexible just like the French revolution infringing French societies hence calling it hostile.

Reference

Blackstone S, (2014) Commentaries on the laws of England. Lonang Institute

Bahr D. (2015) A conversation with Gordons S Wood

Kristol B (2015) K Harvey on Alexis de Tocqueville

Bragg, M (2015). Edmund Burke (in our time, 3/6/10). Traditionalism

Announcements Syllabus Discussions Grades People Sixth Amendment and the Media Essay

In the First Amendment media have a right to publish criminal information such pretrial publicity may undermine the defendant’s Sixth Amendment which is entitled to a fair trial by an impartial jury of his or her peers. The rights of those in the criminal justice system guaranteed by the Sixth Amendment has been affected by the use of media in the First Amendment in such a way that, criminals may not be aware of their biases published even if there is no a proof or an evidence of the biases published on the criminal prosecuted. When a bias is published about a criminal prosecuted can bring hatred in the society hence the criminal may not be respected because of publication that has no proof of the crime whereby the justice of the criminal is affected. Another effect of media’s use of criminal justice is that new media for instance facebook and twitter among others transfer information about prosecuted criminals without enough proof hence tend to affect criminal justice. With these new media are the fastest and easiest media to publish about issues on criminals and the prosecuted criminal may end up affected by the media’s use because of being denied his or her rights of justice (Sue, Smith & Pedroza, 1975).

The effects of the media towards the defendants are negative simply because of being on a wrong side to the plaintiff. The media exercise the contempt jurisdiction of the court to punish those who violate the legal conduct hence media pled defendants guilty. The negative effects of media towards defendants may cause a defendant to commit a crime because of being on the wrong side of the law (Hoiberg & Stires, 1973). The effects of media towards the prosecutors are both positive and negative. The positive effect of media towards the prosecutors is because they are the one their legal right has been violated and the one who has violated their rights is aired in the media. The negative effect of media towards prosecutors is that prosecutors feel horrific since the plaintiff secret has been violated to public hence feeling guilty Ogloff & Vidmar, 1994).

There is the situation in which the press should be restricted from “public trial” guaranteed by the Sixth Amendment. The public and the press have been processed in a historical place is the first situation to be considered. The public access occupies a functioning of the process and a significant positive role is the second situation to be considered. With these considerations can help to determine the situation press should be restricted from “public trial” (Linz & Penrod, 1992). A court case that was influenced by the media was of George Zimmerman in the case of shooting Tryon Martin. This court was much influenced by the social media because all the information was posted everywhere where public were able to access the information. In the social media, it is possible to find an unbiased jury of peers in the high publicity criminal as a staple source of people information (David, 2013).

References

Sue, S., Smith, R. E., & Pedroza, G. (1975). Authoritarianism, pretrial publicity, and awareness   of bias in simulated jurors. Psychological Reports, 37, 1299-1302.

Hoiberg, B. C., & Stires, L. K. (1973). The effect of several types of pretrial publicity on the        guilt attributions of simulated jurors. Journal of Applied Social Psychology, 3, 267-275.

Ogloff, J. R. P., & Vidmar, N. (1994). The impact of pretrial publicity on jurors: A study to          compare the relative effects of television and print media in a child sex abuse case. Law            and Human Behavior, 18, 507-525.

David, H. (2013) High Profile Cases: Does Media Coverage Harm or Help Justice? Retrieved from

http://www.huffingtonpost.com/david-holmberg/high-profile-cases-does-m_b_2973110.html

Linz, D., & Penrod, S. (1992). Exploring the fi rst and sixth amendments: Pretrial publicity and   jury decision making. In D. K. Kagehiro & W. S. Laufer (Eds.), Handbook of psychology          and law (pp. 3-20). New York: Springer-Verlag.