Category: History

Introduction

Antidumping, sometimes abbreviated as AD, is a source of controversy regarding several practices within the international trade. While many leaders and politicians may have lost their passion and zeal to implement antidumping laws, economists and other trade reformers still believe that antidumping is necessary in nurturing a sustainable international trade environment.

In most cases if not all, antidumping has only been dealt with in accordance with the existing circumstances and not as stipulated in the Antidumping Act of 1916 (Lindsey, 1999). In the view of the unfathomable significance of antidumping strategies, this paper discusses the U.S. Anti-Dumping Laws history, trace of implementation, and impact on business and the society.

Based on the broadness of the topic, the analysis is limited to the ethical implication of the AD Act. To achieve this core and noble task, this synthesis is divided into segments, which give an informative and detailed analysis of issues surrounding the law and its overall impact on the business society.

Dumping

Dumping has received a myriad of definitions in literature by scholars, researchers and analysts throughout history. However, the overall epicenter of most of these definitions has focused on price discrimination in several markets in world markets. According to Jacob Viners 1922 definition, dumping refers to price discrimination occurring between markets at an international level.

How does this occur in international trade? Dumping simply takes its course when export price is much lower compared to that which sellers are charging buyers at the domestic level, with regard to all the terms and conditions of sale (Lindsey, 1999). In other words, such products attract lower prices at the export market contrary to what consumers in the home market are being offered.

Besides this school of thought, dumping in business context may refer to a case where marginal costs are higher than the export cost of a given commodity in the market. It, therefore, suffices to mention that the major determining parameters for dumping are the export and domestic prices of the commodity in question.

Regardless of its simplicity and interpretation, dumping has remained a major problem in international trade for a long period of time, with several efforts having been witnessed to mitigate its impact in the now fully-grown international business market. On the other hand, a case where the export market attracts higher prices compared to what is offered locally is referred to as reverse dumping (Irwin, 2005). The above descriptions form the basic understanding of dumping as recognized by the World Trade Organization.

Moreover, it is important to note that major analyses of the current dumping situation revolve around commodities being sold at a higher value than local prices since antidumping laws mainly feature this scenario. The concept is sometimes linked to subsidies and bounties. Notably, dumping is not caused by subsidies and the two ideas are usually regulated by different and independent legislations (Mastel, 1998).

According to Viner (1923), dumping can be classified into sporadic, short-run and long-run depending on certain factors like the cause and duration. Based on the effects of dumping and the unbeaten need for good dumping, laws have been drafted and ratified to control dumping and ensure that all business operations on the international and local scale do not violate them (Viner, 1923).

A good example is the United States Antidumping Law which has been in existence for almost a century. The law has received manifold criticism and support throughout history with some critics arguing that it needs amendment to accommodate current and emerging issues, which may differ from its initial mandate.

The U.S. Antidumping Act of 1916

The United States Congress endorsed the act in the 1916 with the heading, Unfair Competition. This was contained in Title VIII of the Revenue Act of 1916. The act outlawed any form of dumping in the United States, including the sale of articles at a price higher than the local or wholesale price.

This was aimed at preventing easy exportation of products to the United States and to guard its market against external forces (WTO, 2004). Through this act, the U.S. could prevent any form of monopolization of the market emanating from traders who could consider finding a ready market for their products in the country.

With regard to the provisions of the act, one would become a defaulter and liable for the penalty if found violating the entire law or a section of it. A fine of $5,000 was proposed in the act and or a jail term not exceeding twelve months as deemed necessary and right by the court of law. Persons injured as a result of the defaulters misdemeanors were also at free will to sue the defiant in his/her or her district court of the U.S. This would result into recovery of the damage, payment of the suit expenses and an attorneys fee (WTO, 2004).

History and implementation

In the early 20^th century, a period which covered between 1904 and 1921, several countries that had become industrialized enacted a law to deal with dumping. These countries mainly consisted of the U.S., the Great Britain, Australia, Canada, the Union of South Africa and New Zealand. Their agreement aimed at compensating against unfair advantage of major foreign producers by imposing an antidumping charge.

However, other rules were developed extremely after the Second World War when GATT started operating in the year 1948 (Krishna, 1997). A core component of GATT is Article VI, which clearly deals with cases of antidumping coupled with two important conditions that would warrant a country to impose an antidumping levy.

The first condition is when the importing country offers a lower price than the home country and that no person is authorized to impose an antidumping levy unless with substantive evidence of the likelihood, negative impact of the practice in the local market. However, this attempt failed due to lack of preciseness and binding ground (Hurabiell, 1995).

In another attempt to revive the antidumping law, it was made an agenda in 1967 during the Kennedy Round. The fruit of this was the GATT Antidumping Code which had better binding authority than the previous document (Hurabiell, 1995). This Round mainly dwelt on how and when to apply antidumping laws before the Code was adjusted in the year 1979 because of fundamental reasons.

The first one was to have a clear difference and clarity of thought between antidumping and countervailing. Secondly, the European Commission felt dissatisfied with the way the United States was interpreting injury requirements stringently. These necessitated further developments to make the Code more applicable in dealing with the dumping problem (Krishna, 1997).

Article 13 of the Antidumping Code was added, which required developed countries to have special regard on developing countries in exercising antidumping measures. As if this was not enough, the need for further negotiations was witnessed during the Uruguay Round of 1994 (Krishna, 1997).

This was in response to what economists believed to manageable trade and protectionism that had been achieved in the previous decade. It was highly welcomed as several nations pledged their commitment towards maintaining the cooperation multilaterally and their backing of measures that were tariff-free.

During the developments in Uruguay, the Antidumping Code was further developed to allow a country to impose levy on products from specific countries where dumping had a higher likelihood of causing domestic damage to the market. Additionally, it was acceptable if dumping practices by that country negatively affected the local industry (Krishna, 1997).

Impact on Business Society

An important observation of the U.S. Antidumping Law is that it predominantly focuses on international forms of price discrimination and acts on those sales that are made below cost. This does not matter on the nature of the sales made as a result of greed or not. On the other hand, antitrust laws guard against predatory sales and do not check on making sales below cost.

Analytically, this difference is essential since predatory pricing has adverse economic effects due to its tendency to promote monopoly and social inequality (Krishna, 1997). To the contrary, non predatory sales discrimination has net economic benefits to the side being favored with lower prices.

In addition countervailing-duty regulations allow the addition of levy on products that have been subsidized by the exporting country. Although these laws have been in existence for long, they have almost remained unchanged and embraced inclusivity. Initial laws covered sugar, before they were revised to accommodate dutiable and non-dutiable commodities imported from other countries (Mastel, 1998).

It is worth noting that several changes have been witnessed within the business society since the adoption of the General Agreement on Tariffs and Trade. This has led to a quantifiable rise in competition for local firms emanating from imports. However, suffering firms are protected under section 201 of the escape clause and adjustment assistance.

Trade adjustment aims at protecting workers who may have been affected as a result of high import competition. This is done through training, relocation allowance and job search. On the other hand, section 201 escape clause permits exemption from imports temporarily to allow the affected party to stabilize. Such breathing can be of importance in cases where firms are experiencing difficulties in adapting to import competition (Irwin, 2005).

Notably, the adoption and implementation of the U.S. Antidumping Law has resulted into better protection for industries as most firms are able to secure this protection than under the escape clause. This protection was considered as a rescue option for those industries which felt oppressed by the escape clause.

Moreover, the law continues to evolve to become more effective to serve the increasing number of industries seeking protection (Mastel, 1998). From this analogy, it can be clearly viewed that the core function and operating principles of the U.S. aid are prevention, punishing and compensation of predatory prices, among other international trade malpractice relating to the United States imports policies and directions.

Conclusion

While the antidumping laws are commonly faced with resistance and criticism, it is important to appreciate the impact of these laws in augmenting business ethics and operating standards in international trade. Antidumping laws are essential in providing a level ground for business as this may be over exploited by developed countries.

They further promote the growth of economies by eliminating extreme monopoly cases that may lead to social inequalities. Having been in operation for decades, the U.S. Antidumping Law has had an immense impact on business society even though the law has undergone numerous amendments.

References

Hurabiell, M. (1995). Protectionism versus free trade: Implementing the GATT antidumping Agreement in the United States. University of Pennsylvania Journal of International Business Law, 16(3), 567-614.

Irwin, D. (2005). The rise of U.S. antidumping activity in historical perspective, Issues 2005-2031. Washington, D.C: International Monetary Fund.

Krishna, R. (1997). Antidumping In Law and Practice. World Bank. Web.

Lindsey, B. (1999). The U.S. Antidumping Law Rhetoric versus Reality. Center for Trade Policy Studies. Web.

Mastel, G. (1998). Antidumping laws and the U.S. economy. New York: M.E. Sharpe.

Viner, J. (1923). Dumping: A problem in International Trade. Chicago: Chicago University Press.

WTO. (2004). United States  Anti-Dumping Act of 1916. World Trade Organization. Web.

Abstract

The criminal justice system is supported by various institutions to ensure that there is peace and order. Jail is among the institutions that are used to help address the problem of crime and criminal activities. Unlike prisons, jails are designed to confine individuals in a small location as they await trial.

The need for jails is informed by the fact that there will always be criminals in society. Considering the cases about Kallikak and Jukes families, antisocial behavior is hereditary. However, there is a possibility that ones behavior may also be influenced by the environment he or she is surrounded with. Consequently, people may be incarcerated because of their past family history.

By and large, jails provide entry into the correction system and ensure that those arrested for involvement in criminal activities are monitored before being subjected to trial. Although jails are meant for offenders whose sentences are one year or less, there are instances when a jail term may be extended beyond one year.

Introduction

Jails were initially conceived in England as a place to be used to detain suspected offenders until an appropriate time to subject them to trial (Siegel & Bartollas, 2015). Jails in present-day society are designed to serve as detention and punishment facilities.

This paper attempts to provide an understanding of what jail is and how it fits within the criminal justice system of any nation. It looks at the history and development of jails, administration and structure, and programs that are used by jails around the world to reform convicted offenders.

What is Jail?

Jail is a small lock-up place that is used to hold offenders for a brief moment (Hutchinson, 2014). Typically, a jail is managed by a local government and is meant to confine individuals who have been accused of committing small offenses. Jail is, however, different from a lock-up facility. A lock-up facility is normally found within police departments and is used to hold individuals who are unable to pay the required bail.

According to Clear, Reisig, Petrosino, and Cole (2016), jails provide entry into the correction system and a house for accused persons waiting for trial and people who have been sentenced. In some cases, an offender may be kept in jail for a longer period if the court determines that his or her sentence is less than a year. However, it is common for jail terms to extend beyond a year.

After arrest by law enforcement officers, the first place that offenders are taken to is jail. Ordinary, there will be at least one jail in every city. Even though they are comparable, there is a big difference between jails and prisons. Generally, prisons are larger and are meant to hold convicted offenders for a longer period. In addition, jails are mainly used to detain individuals waiting to be tried in a court of law. Another notable difference is that prisons are usually managed by the state government.

History and Development of Jail

As earlier explained, jails were initially conceived in England for detaining suspected offenders before they could be subjected to trial. Drawing from a study by NI (2016b), jail and other correctional facilities are vital for any society to function in an orderly manner. This is well demonstrated by the case about the descendants of Martin Kallikak and further confirmed by the case of Jukes family. In both cases, it is alleged that children who are born and raised in families with a history of wrongdoing inherit similar traits and are likely to be apprehended during their lifetime. However, the case about Jukes family indicates the possibility of people being influenced by the environment they live in (NI, 2016a).

According to Siegel and Bartollas (2015), the original jails in the United States were made of small rooms that could not accommodate more than thirty suspected offenders. These early jails were mainly located in sheriffs homes and were thus managed like sheriffs households (Clear, Reisig, Petrosino & Cole, 2016). Jails in the early days also used a fee system that required all inmates to pay for their food and services. Sadly, individuals who were unable to pay would be fed on leftovers to starve them to death.

Jails in modern-day society have, however, gone through so much transformation and deal with issues very differently. Most jails in the contemporary world are based on structures that ensure efficiency in the way services are delivered. Ultimately, there is a strong desire to establish jails that can transform individuals in society to become better people. After undergoing the jail correction process, it is presumed that an individual will change and become more responsible.

Jail Administration and Structure

Drawing from the study by Siegel and Bartollas (2015), jails are viewed as highly political institutions with an elected official that is fully responsible for what happens within the jail precincts. Ostensibly, there are three alternatives to local control of jails. They include state-run jails, cooperative arrangements, and state-subsidized programs. By and large, jail administrators are legally responsible for individuals placed under their care. They are expected to attain certain established standards even if they do not have sufficient resources to do so.

There are three possible generations of jail supervision. The first type is the first-generation jail intended to offer sporadic inspection of prisoners. Officers are required to supervise inmates during intermittent tours of cell blocks where inmates are confined. The second-generation jail is designed to facilitate indirect supervision remotely. Usually, the officers station is located inside a secure room that is completely isolated from where inmates live. The third type is the new generation jail which relies on direct supervision of the inmates. Currently, the United States has over 500 new generation jails.

Jail Based Treatment Programs

Because of the rising level of crime in society, jails are faced with the major challenge of providing basic needs for those awaiting trial. Other than serving as detention and punishment facilities, jails also play a very key role in the rehabilitation process. As can be deduced from the case about the Kallikak family, educating convicted offenders can help them to become useful in society (NI, 2016b). Similarly, the case about the Jukes family shows that educating offenders and offering them good housing can support their reform process (NI, 2016a).

Through various treatment programs, jail administrators can support offenders in their journey to recovery. Large jails, for example, offer a variety of treatment programs which include basic education programs, drug and alcohol treatment programs, and counseling. Ideally, these programs are meant to help in reforming inmates. The idea behind these programs is to primarily guide inmates and prepare them for their release. Normally, programs are carefully designed to ensure that once offenders are granted their freedom, they can easily be integrated back into their communities (Rothbard et al., 2009). In the absence of programs such as these, offenders risk being rejected by members of their communities out of fear that they might be involved in other dangerous activities that may harm others. It is thus imperative to have in place a program that creates an assurance for offenders after release.

Conclusion

Jails are among the most critical institutions in society that are used to ensure that criminals are treated fairly. As pointed out in this paper, jails serve as an entry to the correction system. One of the key roles undertaken by jails is to rehabilitate offenders and help them to return to their communities as useful people.

Unfortunately, the effectiveness of jails has been greatly hampered by the increased number of criminal activities in various cities across the world. To a large extent, the rising number of offenders makes it very difficult for jails to provide basic needs for individuals waiting for trials to begin. Jails also have to deal with other issues such as substance abuse as well as medical and legal problems that affect inmates.

Considering how jails have evolved to the level of offering specialized services, it is obvious that continual improvement will make future jails more friendly and effective, unlike the earlier ones. The ultimate goal is to ensure people are treated with dignity.

References

Clear, T. R., Reisig, M. D., Petrosino, C. & Cole, G. F. (2016). American Corrections in Brief. Boston, MA: Cengage Learning.

Hutchinson, S. (2014). Whats the Difference between Prison and Jail? Web.

Net Industries (NI). (2016a). Jukes Family. Web.

Net Industries (NI). (2016b).Kallikak Family. Web.

Rothbard A. B., Wald, H., Zubritsky, C., Jaquette, N. & Chhatre S. (2009). Effectiveness of a Jail-Based Treatment Program for Individuals with Co-Occurring Disorders. Behavioral Sciences & the Law, 27(4), 643  654.

Siegel, L. J. & Bartollas, C. (2015). Corrections Today. Boston, MA: Cengage Learning.

Declaration of Independence

The judicial review found its origins within the Declaration of Independence, which declared the colonies of North America, to be free and independent states. (Declaration of Independence: par. 31). This declaration has been at the foundation of the philosophical, political, and ideological battle between those advocating a very broad construction of the limits, and strict construction of powers within the Constitution and vice versa.

Before the ratification of the Constitution, the Articles of Confederation document provided the legal basis of the thirteen founding colonies to declare themselves individual sovereign states but to agree to a perpetual confederation. The word confederation is important as it denotes an alliance, nor the formation of a single entity. Within the Articles of Confederation, each State retained full sovereignty over all matters not expressly delegated to the United States (Transcript of Articles of Confederation 1777 par.3)

At the Philadelphia convention, the Virginia delegates were opposed to the new Constitution, fearing that it promoted federalism. Governor Edmund Randolph, a pro-ratification delegate, was forced into making concessions to Patric Henry. These concessions consisted of the phrase expressly delegated (Transcript of Articles of Confederation 17773 par.3), that appeared in the Articles of Confederation, to be written into the Constitution to limit the powers of the new Congress. Further, they wrote into their ratification statement that they retained the right to withdraw from the new government, if the new government exceeded its delegated powers (Ordinance of Secession 1861 par. 1). As such, this understanding formed part of the State of Virginias ratification in 1788. As all the individual states were equals, Virginias conditions would apply to each state.

The ratification of the Constitution created the US Supreme Court. Article III created the Judicial Branch. Section 1 created the Judicial Powers. Section 2 assigned original jurisdiction over the individual States. (The United States Constitution Article III). Judicial Review is the lens through which all new laws created by Congress and Senate, are examined for their Constitutionality by the sitting Justices of the Supreme Court. If a new law created by the legislative branch is deemed to be unconstitutional, that law will be struck down. The Executive branch, has with the expanding powers of the Presidency, taken to creating Bills to put before the legislative branch for their approval, and creation of a new law therefrom. The current high profile example of this is Obamas Healthcare Bill which was eventually passed by the legislative branch and is now being examined for its constitutionality by the Supreme Court.

The Intentions of Judicial Review

Judicial Review makes the Supreme Court the de facto lawmaker in the United States today through their monopoly control of the interpretation of the US Constitution. Thus, effectively, the system of checks and balances envisaged by the writers of the Constitution is abrogated. The Supreme Court, through Judicial Review, has widened its powers of interpretation through the phrase substantive due process (The United States Constitution Amendment 14). This allows the Supreme Court to define through Judicial Review, what rights the Constitution confers or protects.

This has created huge controversies that relate to the interpretations assigned to the Constitution. The decisions of the Justices, while sitting on the Supreme Court bench, which is for life, barring impeachment, can carry immense political repercussions. There are several styles of interpretation that are employed by the Justices: textualists, intentionalists, pragmatists, and natural law theorists (Theories of Constitutional Interpretation Introduction). Gutzman states that the Jeffersonian interpretation, which is strict constructionism, argues for sovereign states.

Most history and legal textbooks say that Jefferson and Madison invented the idea of state sovereignty. But& they only argued for what the founders had already understood to be true about the sovereign states from the beginning, even if some of the founders (the nationalist and monarchist wings) wanted to change that understanding. (73).

Through their interpretations via the Judicial Review process, the Justices can, and have, effectively re-written the Constitution. Gutzman writes that, Justice Marshall, in McCulloch v Maryland, wrote, that the Articles of Confederation had specified that Congress had only the powers it was expressly delegated, that the Constitution included no such language, so no such principle applied to it. (91).

This interpretation of the Constitution, by Justice Marshall, reduced the power assigned to individuals and the States, and arrogated it to the Supreme Court, thus greatly increasing the power and influence wielded by the Court. This approach is now usually referred to as a living constitution, which requires ongoing interpretation to evolve with society and the ethics of the times.

I would argue that this interpretation is open to serious challenges and arguments. Under Amendment 9  Construction of Constitution. Ratified 12/15/1791 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people (The United States Constitution Amendment 9). The further argument can be made with Amendment 10  Powers of the States and People. Ratified 12/15/1791. Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (The United States Constitution Amendment 10).

Taken together, the Amendments provide for the limitation of central government power in favor of retaining the rights of the States and further, the individual. This would constitute a textualist interpretation.

The consequences of Judicial Review

Judicial Review has an ulterior purpose. The oft-quoted purpose, to provide a system of checks and balances to government power, are simply the assertions of apologists and technocrats. The purpose of the Judicial Review is to legitimize and validate the expansion of central government power. De Jouvenel states, in the history of political thought, a concept originally designed to limit and check state power, was turned by the state into an instrument that gave it legitimacy (27).

So it is with Judicial Review. The history of the United States demonstrates the veracity of De Jouvenels observation. The constant encroachment of the central government over the rights of the States and individuals has been extraordinary.

The United States was birthed in revolution and the breaking of English law. That the revolution was successful, allowed the individuals to create a new law. That law, the Constitution, was designed to accomplish two tasks. The first was to create a Republic, where the Rule of Law is observed. The second was to create a federal system of government. These two objectives can be accomplished, but they carry certain contradictions within themselves. It is largely these contradictions that Judicial Review is supposed to resolve. I would argue that federalism is trumping republicanism, largely due to Judicial Review.

Works Cited

De Jouvenel, Bertrand. On Power. London and New York: Hutchinson 1948. Print.

Gutzman, Kevin. The Politically Incorrect Guide to the Constitution. Massachusetts, Washington D.C.: Regnery Publishing 2007. Print.

Ordinance of Secession 1861. Web.

The Declaration of Independence 1776. Web.

Theories of Constitutional Interpretation n.d. Web.

The United States Constitution n.d. Web.

Transcript of Articles of Confederation 1777. Web.

Introduction

The concept of security has evolved as a result of certain issues that have faced the public security system. For example, crime and criminal activities in the past overwhelmed the public police to a point that there was need for increased private security system in order to supplement public security agencies available in various countries globally (Maddry, 2009). In addition, the evolution nature, technological changes, and population growth have been influential in determining the development of private security (Maddry, 2009).

In the ancient years, especially in medieval England, various kings and queens used to formulate and implement programs whereby, a number of activities were done on the road in order to protect them from any impending dangers such as robberies and burglary. In addition, various homes, institutions, and companies used only night watchmen to protect their resources, people, and even important production materials (Tani, 2007).

However, currently, things have changed and most companies and social institutions have developed and established a number of security strategies and approaches to promote their protection and general security. For example, it is not strange to find various electric fences and other perimeter fences surrounding homes and social institutions. Furthermore, it is also common nowadays to find a number of security patrols meant to provide security to the people and their resources in various social places. Actually, with more advance technology and changes in environmental issues, it is very common to find many intrusion alarms and other security detectors being used in a number of social institutions and companies (Tani, 2007). Therefore, this paper will discuss the evolution of private security in various countries globally and how this has affected the general security.

History of Security Systems

It is worth noting that, in the early 18^th century, most of the security systems were provided to the society through communal means, where the strongest men in the society were appointed to protect the community; any invaders would be dealt with appropriately. Besides, during this period, the authority had to collect taxes from the society in order to finance security services offered by various security agencies such as strong men in the community. However, it was after this era when the parliament in the United States organized a number of security studies in order to expand the scope of security channels in various institutions including the inclusion of the private security system protection.

It is clear that private security started in the United States when the Indians began to attack settlers from Massachusetts. These attacks propelled the settlers to seek ways and means of protecting themselves and in the process, they settled for private security systems in order to mitigate those attacks and security threats. This was made possible due to the fact that the settlers mostly stayed in a settlement system. Here, their farms were inside a fort, and in case of any attack, various alarms were sounded and all of them would converge in one place as the strongmen conduct patrols and counterattacks on the intruders (Tani, 2007).

It is also important to note that many changes have occurred in security system since the early centuries. For example, the municipal police agencies in United States were established in 1700 in various American Cities (Jones, 2014). However, despite establishment and introduction of these municipal police security agencies, their services were very poor, inefficient, and full of corruption. This made the public to demand for more organized and coordinated security systems to protect them in social places such markets and their homes. As a result of this, a number of private security agencies were formed to offer services dealing with private guards services for various social institutions such as industries, companies, and rail yards. As a matter of fact, most services devoted to private security systems such as freight and package delivery services, car and courier services among many other services were totally given to the private security agencies by the public (Tani, 2007).

Rising demand for protective services

By the year 1900, a number of former federal officers and agents began to form their own private security systems due to increased public demand for protection and the inefficiency of public security system (Jones, 2014). Even former federal detectives also began forming and opening their own private security systems, as the demand for protection became overwhelmingly high (Lehn, 2006). Indeed, a number of security matters today are in the hands of the private security agencies. These include various services that require more security and protection such as the infrastructure system, the transportation system, and retail and special events services (Maddry, 2009).

In addition, it is also clear that by the year 1970, most of the protection and security services were in the hands of private security system agencies instead of public police system (Fischer, Halibozek, & Walters, 2012). Due to the shortage of security agencies in the past, there was an increase in reported number of crimes and criminal activities in institutions and other social places. To make the matters worse, the public police system was not capable of handling the surging crimes, thus necessitating the need to supplement with the private security system (Tani, 2007). For example, in United States, various organizations such as the American Society for Industrial Security are helping the public police system even today by offering various training programs with the aim of promoting private security system in the country.

In addition, there is a clear indication that in future, the law and security system will be left in the hands of the private security system agencies, since research has indicated that they provide better services than the public security system (Solution Maintains Purity of Evidence, 2007).

Historically, many past evidences indicate that early man was able to use social codes in his involvement in protection of his resources and life. Generally, there was no distinction between private security system and public security system prior to the early 19^th century; however, the demand for more protection gave birth to private security system. Biblically, even the Old Testament had some laws and regulations that were to be followed for proper security and protection to be achieved. Again, among various past rulers and in their ruling era, there were certain standard punishments that offenders were to undergo, including payment of fines.

Despite this, it was not until the Middle Ages when many concepts involving security system underwent advancement and improvement. For example, in the early 18^th century, the first plain-clothed detective system was formed in the United States. Besides, the year 1829 marked the hallmark of the beginning of the police system, as this is the year when the first uniformed police force was given full employment for the first time in history (Smith and Brooks, 2012).

On the other hand, the privates security system began properly in 19^th century when most of the former police workers began to start establishing their own private investigative security agencies. For example, one of the well known private security agencies in the early 19^th centuries was Brinks Incorporated private security agency formed in 1909 (Maddry, 2009). This company was later named the American Banking Association Investigative Unit. By the year 1914, railroads system were given full mandate and authority to operate using their own private security system, although occasionally, they were involving the public force powers (Private Security Company Achieves National Incident Management System Compliance, 2007).

Furthermore, it is also clear that most private security systems underwent a lot of growth and development after the Second World War. This is because many individuals who underwent training in the war, especially in the line of law enforcement and intelligence later began to open their own private security agencies. This provided more jobs to the public, and since they were highly trained in investigation and protection procedures, they were in high demand (Engebretson, 2011).

Private Security system Today

The demand for private security system in contemporary society is still rising, with many institutions finding it more cost-effective, efficient, and reliable in providing security services. In addition, the changing social and technological environment has heightened the responsibilities for security agents as well as the need for expanded skills and knowledge to deal with changing crime trends. In that sense, it is now common to find many professional security personnel tackling complex security matters, thanks to advanced training programs provided by learning institutions. However, there are some limitations that modern private security systems continue to grapple with, among them being rising rates of crime, rising population, increasing conflicts between nations, emerging trends in terrorism and crime, and inadequate resources to guarantee maximum-security services.

Today, various countries globally have well established private security systems than the public security system. For example, in the United States, there are about 10,000 private security system companies that are responsible for protection of human life and other important duties. Again, in various countries globally, private security companies have been known to be among the highest providers of employment opportunities (Maddry, 2009). In that sense, it is clear that private security systems contribute towards provision of employment to many individuals globally. Besides, these private security systems and the public police force usually work hand in hand in order to promote security matters in the society (Hess, 2008).

Needless to say, it is worth noting that the increase in both non-violent and violent crime rate in various countries is one of the reasons that have made private security systems to have high public demand. For example, due to increased public fear of crime rate in United States, the federal regulations were placed in the hands of private security agencies in 2002, with the help of American Society for Industrial Security. Again, the Private Security Officer Employment Act was also passed in the year 2002, allowing private companies to have the authority to get background checks from the National Crime Information Centre (Tani, 2007). This followed the 9/11 attach in America, which prompted many organizations and the government to seek the services of private security agents to mitigate their risks of attack.

Various countries usually have a number of programs for training of private security agencies employees (Maddry, 2009). For example, some organizations and institutions have started providing various courses to individuals who operate private security systems. These courses and programs include certified protection professional, professional certified investigator and physical security professional courses. Furthermore, private security system is mainly charged with the task and responsibility of protecting life and resources. As a result, most private security systems in various countries are today given both internal and national duties including checking of peoples IDs at various office buildings and even participating in some military operations and activities (Maddry, 2009).

In ancient Egypt and in Romanism period, most wealthy landowners used private security systems to protect their resources. The fall of the Roman Empire took with it the power, and this led to the development of private security system. Again, in the past European villages, many individuals faced many security challenges due to lack of centralized authority, thus leading to private security systems development (Maddry, 2009). By the late 20^th century, most European settlements had changed to become cities and towns, calling for increased private security systems to give more protection from criminals (Maddry, 2009).

On the other hand, by the early 21^st century, many countries began to use private security agencies in various events and public places. It is worth noting that even the military bases are usually protected by private security agencies. Furthermore, in countries prone to war such as Iraq and Afghanistan, most of the security and protection roles are usually in the hands of private security agencies (Gasulla, 2011). Nevertheless, the need for private security system is not going to decline in the foreseeable future due to the increasing demand for protection by state, institutions and other agencies, given that public security systems may not have the capacity to provide maximum security. Indeed, there is likely to be more firms entering the security industry to take advantage of the potential opportunities for sustainable viability in the long-term.

Conclusion

This paper has clearly discussed and evaluated the evolution of private security system. It clearly illustrates how private security system has developed at a fast rate due to failure by the public security system to protect the public. Therefore, the development of private security units was mainly due to lack of enough public police force and the increase in the rate of crime and criminal activities in the early 19^th century.

As a result, today, most security issues in many countries are in the hands of private security system agencies. This involves duties and responsibilities in sectors such as protection, transport, and social places gathering among many others. Therefore, this calls for the need for security science that integrates the various areas of security into a single entity of knowledge. Again, the security science should also bring together various models, principles, and theories that would promote the scope of private security system. This will enable private security system to have more knowledge about the concept of organizational security and the homeland security systems. Moreover, this will provide skills and application of scientific methods necessary for modern crime detection and the frequent terrorists threats.

References

Engebretson, J. (2011). Big Value. SDM: Security Distributing & Marketing, 41(1), 58. Web.

Fischer, R., Halibozek, E., & Walters, D. (2012). Introduction to Security. MA, USA: Butterworth-Heinemann. Web.

Gasulla, S. (2011). Illinois Court Sides with ADT against Fire District Monitoring Monopolies. SDM: Security Distributing & Marketing, 41(9), 18-36. Web.

Hess, K. (2008). Introduction to Private Security. OH, USA: Cengage Learning. Web.

Jones, J. (2014). The Evolution of Private Security. Web.

Lehn, K. M. (2006). Private Insecurities. Wall Street Journal  Eastern Edition. Web.

Maddry, T. (2009). Emergency Planning Gets Stronger. Security Solutions for Enterprise Security Leaders, 46(4), 60-63. Web.

Private Security Company Achieves National Incident Management System Compliance. (2007). Security: Solutions for Enterprise Security Leaders, 44(8), 13-14. Web.

Smith, C., & Brooks, D. (2012). Security Science: The Theory and Practice of Security. MA, USA: Butterworth-Heinemann. Web.

Solution Maintains Purity of Evidence. (2007). Security Solutions for Enterprise Security Leaders, 44(1), 56. Web.

Tani, M. (2007). DOE Focuses on Cyber SECURITY. Transmission & Distribution World, 59(3), 26-32. Web.

The history of copyright can be traced back to 1710 when British printers demanded intellectual rights. In the 19^th century, copyright and thinking about copyright changed drastically. Patterson is credited for having laid out the history of copyright, how it was interpreted in the 19th century through his seven rules and principles. In the twentieth century, copyright thinking took a different turn where firms tried to protect all their products. Towards the end of the twentieth century, copyrighting became so important that firms and individuals started taking copyright for even little details like sound, smell, and shapes.

Case Brief: Leigh, v. Warner Brothers

• The case came about because of an appeal by the United States District Court following the alleged infringement of the copyright and trademark laws. The court was expected to rule whether the images used by Warner Brothers were substantially similar to those of Leigh. The complainant, Leigh, argued that the images and other literal works that Warner Brothers Film Production utilized in producing one of the best movies were similar to the ones contained in his best-selling novel, Midnight in the Garden of Good and Evil.
• The court correctly ascertained that the images that Werner Brothers utilized were not similar in any way to the images used on the cover page of the novel.
• Even though Leigh quoted Lanham Act, it was established that no substantial evidence existed to prove that the use of the photograph infringed on the trademark rights.
• Leigh was of the view that the court failed to conduct further studies to establish whether his trademark rights had been violated. Additional investigations would not prove the similarity between the two photographs.

Kisch, Plaintiff, V. Ammirati & Puris Inc

• The complainant, Kisch, demanded compensation by alleging that his rights had been violated following the use of photography in advertising certain products. The plaintiff noted that laws related to Lanham Trademark Act had been violated since another persons photography had been employed in promoting the products of a different company unfairly.
• The defendant advanced claims that no substantial similarities between photos used in the advert and the one belonging to the plaintiff.
• The defendant admitted using the plaintiffs photo
• The court established that the accused used the plaintiffs photo without consent, which amounts to a violation of the copyright and trademark laws.

Different tests that the court uses to test for substantial similarity

It is important to understand the tests that are always used to substantiate if the similarity constitutes a breach of copyright. This process is used to determine the substantial similarity of the products, which are contentious. Two tests are commonly used by the court in determining substantial similarities between two products. These are, comprehensive non-literal and fragmented literal similarity tests.

In comprehensive non-literal similarity, substantial similarity is always determined if the sequence or pattern of two works has some similarity. On the other hand, fragmented literal similarity is always determined if significant similarity takes place when fragmented elements which can be copyrighted are confirmed to have been copied from a given protected work in a way that is not permitted by the fair usage. The two tests works very closely but are different in nature. It is important to observe that fragmented literal similarity tests if there is similarity between specific elements of the two items, which may pass as an infringement of a copyright. On the other hand, comprehensive con-literal similarity looks at various elements, which defines a pattern or a sequence of a product.

Given the difference in the two tests, it is possible to have a scenario where outcomes of a case might be different for the same set of facts if the different tests were used. For instance, when the court decides to use fragmented literal similarity, it will not consider any similarities in the pattern of the products presented before them. This means that the focus under this test will be to identify similarity of the elements that the owner claims to have been infringed. In this case, if the court does not find any substantial similarity of the two products presented, the case will be dismissed and the accused shall be considered to have won the case even if there is a similarity of pattern in the two products. On the other hand, if the same case is to be determined using comprehensive non-literal similarity test, the plaintiff will win the case if the court is able to substantiate that there is a similarity in the pattern of two products. This means that there is a possibility that when dealing with the same case, a jury can come up with two different decisions if the two tests are used differently. This may explain why a similar case may have two different verdicts when presented to court. This may prompt a firm to appeal against a decision of the court and probably win the case in the second round. In these cases, when one firm wins a case in the first round, the other wins the second round. It means that different courts have been using different tests to arrive at their verdict. This would result in different verdicts based on the test used.

Current Event

Apple vs. Samsung scorecard

The article talks about the long battle that has been in existence between Apple Inc and Samsung Corporation over the patent breach in their Smartphone models. The article notes the two companies have spent the last two years fighting very fierce battle in courts over the patent rights for this phone, and in the previous cases, Samsung won over Apple. In round one, which took place on April 2011, Apple accused Samsung of breaching patent rights by copying Apples iPhone and iPad models. However, Samsung was not able to defend itself appropriately in court and the case went in favor Apple. The Jury ordered Samsung to pay Apple $ 450 for damages caused by the infringement. However, both sides were not pleased with the ruling. Apple wanted the court to ban sale of Samsungs Smartphone, which the court failed to do. Samsung on the other hand appealed against the fine imposed on it by the courts. Both firms appealed this ruling. However, on August 2012, the case went in favor of Apple, because it was awarded the fine, but did not succeed to convince the jury to stop Samsung Smartphone sales in the United States.

In June 2011, Samsung took Apple to court claiming that Apples iPhone 4 and iPad 2 was in breach of Samsungs patent rights. The ruling was finally made in June 2013 in favor of Samsung. International Trade Commission barred Samsung from selling these two products within the United States markets. Apple was not pleased by this ruling, but did not consider appealing against it. Instead, it has decided to take Samsung to court over some of the recent products of Samsung. Apple has filed another case against a series of Samsungs products and the ruling is set to be made on March 2014. The products Apple filed as those that Samsung had breached patent right on were so many that the court refused to accept some.

History of the U.S. Criminal Justice System

The history of the U.S. criminal justice system spans approximately four hundred years, with early beginnings that prioritized the protection of citizens, punishment of criminals, and maintenance of social order. Perhaps the earliest form of criminal justice in the U.S. includes the night watch patrols in Boston in 1636 (Randall & Vasiliev, 2017). These groups or individuals would often require the help of a professional constable in looking out for danger and warning citizens. The first uniform laws became prominent after drafting the Constitution throughout the 17th century, which changed the influence of certain regional, state-level, or colony codes and legal procedures. This is possibly the earliest example of the ways in which the more powerful and wealthy had sway over legal procedures than those from the middle, lower-class, or impoverished backgrounds. Prior to the introduction of jails and prisons, holding cells were the only form of imprisonment and existed only to hold criminals awaiting trials. Previous punishments included cruel physical torture, fines, or execution.

Rehabilitation also emerged as prison became more prevalent within the U.S. However, the reformation tactics mostly included complete isolation, hard work under fear of punishment, and Biblical studies, which were more damaging than rehabilitating prisoners. In the early 17th century, the first police department was founded in Boston though other states and major cities quickly followed. Race-based and discriminatory policies in the southern states would often falsely imprison African Americans in order to lease them to farms and other manufacturing industries. This form of corrupt and disparity-supporting method would continue until the second world war. Technological advancements such as fingerprint identification would become prevalent in convictions after a case in 1910 successfully linked a man to murder.

How the System Serves the Wealthy

Wealth and power also had tremendous legal repercussions on the relationships of the law and race. In the 18th century, slave patrols were commonly utilized to find runaways, contraband, and disallowed gatherings (Atkinson, 2018). This drew a stark legal divide between African Americans and white Americans, favoring the wealthier slave owners through official laws. The Bill of Rights was the primary definition of liberty in the U.S., and while it served all individuals in the nation, some of the amendments were obscure in nature and favorable towards those with capital. For instance, the bills included statements that required fines and bail to not be excessively high and forbade cruel and unusual punishment. It is likely that these components benefited the wealthy, who were able to provide disposable income as payment of bail or fines and avoid torture, inhuman punishments, and even death as a result of their crimes.

In the modern-day, the favoritism of the wealthy within courts continues to be present. The 1983 case of Raymond Dicks, who illegally traded insider information with clients, resulted in no conviction by a Supreme Court that would regularly decide not to reverse the convictions of poor defendants (Cohen, 2020). Though the 1960s made room for a court that advocated for the rights of those with much less income and supported welfare recipients and the provision of counsel in criminal cases, the trend has been in a rapid decline. The first emergence of this downward trajectory became apparent when Texas and a number of other states made the decision to spend more resources on districts with more wealthy and privileged children. This led to the increased loyalty of criminal courts to campaign contributors.

Annotated Bibliography

Atkinson, D. V. (2018). A Revolution of Values in the U.S. Criminal Justice System. CAP Magazine. Web.

The following article outlines the history and emergence of the prison and incarceration system within U.S. criminal law. Information regarding the classists and race-based is especially valuable as it outlines the lingering impacts of slavery and disparities towards African Americans that continue to be prevalent within the current U.S. legal system. The issue has an economic component, as the slave labor that occurred within prisons in prior centuries continues to be similarly utilized within current prison settings. As such, not only is the current system of criminal justice discriminatory but also rooted in the financial welfare of the wealthy.

Cohen, A. (2020).How the Supreme Court Favors the Rich and Powerful. Time Magazine. Web.

Within this article, the changes in the criminal legal system are outlined from the 1960s to the present. While the 1960s depicted certain leaning towards supporting the poor within legal predicaments, this trend has been on a decline. Early and ongoing choices made by the Supreme Court favor spending on wealthier areas and groups, convictions for the less wealthy, and the use of legal loopholes for defendants that are preferable to them, often relating to those that spend substantial resources on campaigns. This impacts the continuous divide between the impoverished and the wealthy within legal systems.

Randall, S. G., & Vasiliev, V. P. (2017). Controlling the Dangerous Classes: A History of Criminal Justice in America (3rd ed.). Waveland Press.

The following book offers a comprehensive summary of the emergence and formulation of the criminal justice system in the U.S. Early roots ascertain that legal proceedings were formed in local communities, states, or regions but were unified through the Constitution. However, it was such universal but non-specific policies that shaped the preference of the wealthy within the legal system of the nation. Further, while the prison system managed to limit the number of cruel punishments such as torture, mutilation, and death, it introduced a structure that made the poor and non-white individuals components of slave labor while the wealthy were able to afford bail.

Introduction

Many may have wondered how a certain crime originated and the primary reasons for its emergence. Many more are bombarded by the media with many thrillers and crime-based films, dramas and books which will narrate a sequence of events that lead to a crime taking place. A great deal of research goes into investigating when a crime takes place. A team of forensic scientists will gather evidence from the crime scene. It will take long working hours to gather and examine every detail under a microscope before issuing the verdict, and a suspect is charged with committing that crime. Within the history of crime, sexual offences have always been of great interest and intrigue. This may be due to the nature of the crime that takes place and how it takes place. Sexual offences have been one great puzzle to solve in the history of crime. Within the context of this thesis, this paper will be examining the history of sexual offences, looking at the various aspects of sexual offences (or different kinds of sexual offences) and what the UK Law says about them. There will be four chapters within this thesis, namely: introduction, literature review (mentioning different cases), methodology and discussion. The objective of this thesis is to understand the significance of sexual offences, how they take place, what kind of research goes into hunting down the sexual predators and the legal ruling in the United Kingdom, and what punishment is determined for sex offenders.

Main body

Looking back at the history of the 20^th century and the early days of the 21^st century, child abuse came under the public spotlight. Although child abuse had existed since time immemorial, it was not seen as a topic of discussion back in the 19^th century. It should be noted that one of the greatest obstacles in approaching this topic was describing what constituted child sexual abuse in a specific period. Within the legal context, the definition revolved around questions of coercion and age (Sexual Abuse and Sexual Exploitation of Victorian Children).

According to the article History of Child Abuse, children are identified as the main victims of child abuse. The article highlights the importance of helping abused children to tackle emotional problems with the support of families; where the routine assault of children was seen as one of the societys key ways of sustaining its collective emotional homeostasis. Child abuse can be described as inhumane, cruel and unbearable, and it should hold no place in society. There should be severe punishment for those who participate in any activity just to satisfy their minds and punish innocent children. Child abuse is one of the most disturbing sexual offences since its victims are underage and innocent. The children suffer in the hands of perverted minds and decisions of adults who tend to poison the innocent young minds. Child abuse tends to control the bodies and minds of the abused children as it makes them feel like they are under constant threat. Abused children will also be afraid of revealing their abusive experiences to a person that may help them for fear of being abused again by the offender.

In the U.S., about 30% men and 40% women have been sexually molested in their childhood. The men and women have been abused by family members and caretakers in the majority of cases. While sexual abuse is prevalent in a country such as the US, cases of incest are seen to be increasing compared to its Western counterparts (De Mause 1998).

Historically, women have been the main sufferers of sexual abuse and violence more than men since they did not have the same rights as men. Women were denied the right to education and voting. A good example is when a woman was raped in the city. She was typically blamed and more often than not accused of being the initiator of the crime on herself. She was victimised and treated with disrespect. Another example is the Hebrew law. It states that a woman raped within the precincts of the city must be stoned alongside the aggressor so as to prevent her from screaming or running away. Furthermore, if such an incident happened outside the city walls, the assumption was that her cries were not heard. The rapist would, therefore, be required to marry the woman and at the same time compensate to the womans father. According to the medieval common law in the United Kingdom, if a woman was raped, she was expected to cry out loud and show her torn clothes to men of good reputation in society. If she was unsuccessful in doing so instantly, the accusation would be dismissed. She would instead be punished for falsely accusing someone of raping her (Mason 2001, McLeod 2000, and Pubweb 1999).

According to tradition, a woman was regarded as her fathers property until when she got married. When this happened, it would then be the responsibility of the husband to take care of the woman. In cases where a woman got raped by her husband, it was not considered an offence at any circumstance.

On the other hand, according to the law in South Australian, rape was described as the act having sex with a lady who was not ones wife without first getting her consent. In 1976, a number of drastic changes were made to the Criminal Law Consolidation Act (1935). These changes greatly altered the definition of rape so as to include anal penetration without consent. This has found its way into the current law where penetration of other body parts is also considered as rape. The legal ruling in regard to rape has been modified in recent times although there are still many myths and misunderstandings, which are believed by the majority of the community. However, several people think that since the victim is overpowered and cannot fight back, the offence should be legally described as rape. It should be noted that a majority of these beliefs are historical traditions still in practise in modern times within many communities. For example, some people still think that men cannot be raped while others believe that many of the victims should primarily be blamed for the incident. It can further be argued that these traditions silence rape victims and make it very hard for them to come forward and describe the actual rape and seek the help they need. The traditions keep demonising women by making it appear as if they brought the rape upon themselves. Also, traditions do not demonise the sexual offenders, but instead keep demonising women as being the main culprit or cause that provoked the man to rape her in the first place (The Context of Rape and Sexual Assault).

The traditional justice determines the severity of any sexual offence, depending on the extent of violence and physical harm caused by the offender. The traditional justice recognizes that there are many dimensions destroyed when a woman gets raped. The womans emotional and mental condition gets unstable, she is unable to trust people, and has difficulties in building new relationships. There is also the sense of insecurity she would experience, and she feels subjected to a second class human treatment which is completely unfair. Although a large proportion of sexual offences victims are children, a good number of these victims are actually boys. The nature of the sexual violence against children is not only intolerable but cruel because children do not deserve to suffer at the hands of a sexual predator. Although most sexual assault victims are women either in their early teens or early twenties, these women are not the only targets. Medical and legal records clearly point out how people of all ages, nationalities, cultures and colour have experienced some kind of sexual abuse. The recognition of violence against women in general and of sexual abuse in particular was seen as a major problem in Canada. This was due to the result of the work of the womens movement that pressed for the need to punish those who committed such offences. It was from the late 1960s to 1970s when womens movement campaigners decided to raise their voice against rape and give them a platform to gain the same rights as men and be able to receive sufficient help and healing guidance and workshops to bring their life back on track.

The history of sexual offence legislation in Canada offers an interesting view of how there was a development of social attitudes towards gender, sex and sexual offences in the country. Looking back at the history of sexual offences, under the Criminal Code of Canada, it clearly describes the kind of sexual activity involved. For instance, rape was seen to be forced vaginal penetration, indecent assault on a male or female (referred to as unwanted touching), and gross indecency (both anal and oral penetration). The old laws clearly emphasized on creating stereotypes of female and male roles, where forced vaginal penetration was required to prove rape. There were special rules of proof that clearly reflected a fear of false complaints that were made by women, where they were subjected to discrimination, clearly stating that they were unreliable or not trustworthy witnesses. It was back in 1983 when there were significant changes made to the criminal laws, which included sexual offences. For example, there were legal reforms, which clearly reflected the changing social values and an enhancement of understanding of the nature of sexual violence and how society was clearly dealing with these victims. There was a strong need for these changes to take place, which would help and alleviate the pain of the victims in court. This would enable them face the judge and describe the sexual offence clearly. Another intention was to remove some of the supposed impediments to sexual abuse survivors use of the justice system; this would help them feel they are able to get a fair trial.

In India, women who were raped were in most cases asked not to come forward or even testify or file a case. This was predominantly due to the cultural norms and the pressure from families where they were subjected to threats and blackmails. They were told not to file cases if they did not want to be disowned by their husbands. Sometimes these women were not even allowed to mention the rape incident altogether to their families with the fear of being kicked out or alienated by their household. Such a bias that openly supports the predator only shows how women were mortified at the thought of getting help in the first place because the legal system was humiliating them and making them feel as if they were the culprit; in a way they were creating a perception about these victims as being impure, dirty, used, worthless and no longer a suitable person to be considered worth of living a normal life. Women who suffer from any form of sexual offence are directly linked to sex role stereotyping because of their lack of economic and social status. For example, there are issues of power and control in sexual offence cases, which emerge out of sexist stereotypes regarding how men are right in their position to control women in all aspects of their lives and using violence is not considered wrongful at all. It can further be added that sex role stereotyping tends to sketch the image of women being submissive partners in social and sexual interaction- where women enjoy being traumatised. They are possessed by men, and that women are solely dependent on their husbands.

This was predominantly due to the cultural norms and the pressure from families where they were subjected to threats and blackmails. They were told not to file cases if they did not want to be disowned by their husbands. Sometimes these women were not even allowed to mention the rape incident altogether to their families with the fear of being kicked out or alienated by their household. Such a bias that openly supports the predator only shows how women were mortified at the thought of getting help in the first place because the legal system was humiliating them and making them feel as if they were the culprit; in a way they were creating a perception about these victims as being impure, dirty, used, worthless and no longer a suitable person to be considered worth of living a normal life. Women who suffer from any form of sexual offence are directly linked to sex role stereotyping because of their lack of economic and social status. For example, there are issues of power and control in sexual offence cases, which emerge out of sexist stereotypes regarding how men are right in their position to control women in all aspects of their lives and using violence is not considered wrongful at all. It can further be added that sex role stereotyping tends to sketch the image of women being submissive partners in social and sexual interaction- where women enjoy being traumatised. They are possessed by men, and that women are solely dependent on their husbands.In a way, it is completely treating women as lowly beings who have no identity of their own (Sexual Assault: Victim Service Handbook).

By 2002, level 1 sexual offences (offences of a less serious nature) were estimated to have accounted for almost 88 per cent of all sexual offences in Canada. On the other hand, other sexual offences, which mainly involved children, accounted for 10 per cent, with the sexual assault level 2 and level 3 (aggravated sexual assault) accounting for only 2 per cent (The Daily Statistics Canada, July, 2003). In 2003, a total of 3,700 sexual assaults and other sexual abuse cases were reported by the British Columbia state where 90 per cent were categorised as Level 1 sexual abuse cases.

There is ample literature available that suggests that there are many root causes of sexual abuses. There are theories on why sexual offenders would commit sexual violence in the first place.

A lot of literature on sexual violence suggests that most sexual offences have women and children as their primary victims because they are weak and dependent on the male figure of the family. According to the theories suggesting the root causes of the offence, there are various factors that contributed to the likelihood of a person committing sexual offences. For example, the evolution theory points out how the difference between men and women in the present human mating patterns was as a result of policies that created reproductive success amongst human ancestors.

Whilst the evolution theory has elicited many arguments, many thinkers and researchers are of the view that there is some element of truth that men are likely to consider women as being the oppressed and weaker sex. Secondly, according to physiology and neurophysiology, sexual assault may be as a result of hormones and other chemicals in the body, as well as head traumas or brain abnormalities. According to researchers, there is a connection between testosterone levels and aggression in human beings. It is, however, not very clear how such an aggressive behaviour could trigger the idea of raping or committing a sexual offence (Brief Summary of the Root Causes of Sexual Assault).

Conclusion

In conclusion, despite victims receiving a relatively fair trial for their experience, there are still many gaps within the legal system globally that do not patronise and give women the right to be treated with the utmost respect. Women in Eastern countries like Pakistan, India and Saudi Arabia, still feel nervous or ashamed to go forward and file a case against their offender. Although this does not apply to everyone, a majority of victims either swallow this bitter experience for fear of being judged by the community or those who decide to offer them help. They also fear someone around them finding out and then spreading the news, which would cause harm to them and their family and give them a bad reputation. It can be concluded there is ample of literature available where every case is an eye opener and legal rulings need to be strict. Every possible attempt should be made to support women who are victimised and children who are molested. Sexual offenders should be punished severely. There is a need for the global community to work hard to improve the image of sexual offence victims instead of demonising them as being the wrong ones. They should be given a fair hearing and equal human rights as others without any form of discrimination or prejudice. More efforts should be made to improve their conditions and offer them support to give them a new life.

References

Batty, D & Walker, P. 2008. The Milly Dowler investigation. Web.

Bell, G. Fingerprint Development Techniques.Scene and Laboratory Examination: EK215042S.

Greenwood, C. 2009. New evidence in Milly Dowler murder case. Web.

Hill, A. 2002. New footage of missing teenager. Web.

Hughes, D. Scientific Approach to Crime Scene Examination: Scene and Laboratory Examination: Week 2,.

Miller, M.Crime scene investigation. Web.

Milly Dowler murder: reconstruction(2010). Web.

Morris, S. 2002. Milly murder police hunt man with shovel. Web.

Timeline: The Milly Dowler investigation. 2009. Web.

Wilson, J. 2003. DNA link in hunt for girls killer. Web.

History of punishments

Punishments have been in existence since the year 2700BC. This practice was rampant in civilized communities. These punishments were accorded to people caught committing crime and other forms of social evils. In both the Quran and the Bible there is various evidence of punishment (Edge 2009). People were mostly punished as a result of committing capital crimes. These crimes included murder, sex related crimes, involvement in witchcraft and adultery. The methods used for punishment were very brutal and barbaric. The following are some of the most common forms of punishments used in those early days;

Beheading

This was a common practice in England where the heads off criminals would be completely cut off using swords or axes.

Hanging

The person to be hanged was forced to stand on top of a ladder and it would then be pulled off, leaving the criminal being strangled to death.

Mutilation

Mutilation was a common form of punishment in the early days. Mutilation involved cutting off, various parts of the body. This was very brutal as sometimes the person would be left handicapped. This was a traumatizing experience as a lot of people lost their lives.

Canning

The cane was also used as a form of punishment. It had been mostly used in educational facilities to instill discipline. In those early days teachers had been allowed to cane their students due to gross misconduct. It was however, abolished in most schools as teachers abused this form of punishment (Lyons 2008). Canning was not only used in educational facilities, as pretty criminals would also face the cane. Canning was done in front of a crowd of people to discourage them from committing the same crime.

Others

Crucifixion, banishment, stoning, slavery, prison, public executions, dungeons, lethal injection and hard labor were some of the other types of punishment methods used in ancient times ( Edge 2009).

History of prison development

Until the year 1700 prisons had not been in existence. People did not consider imprisonment as a severe punishment to teach criminals a lesson. Imprisonment was however, frequently used by countries such as France and England.. The Bastille in France and the Tower of England served as prisons for political detainees. Others who were imprisoned were the debtors. Their stay in these prisons was however short lived as they would be released once they had cleared their debts.

In the 1970s people were up in arms against the other brutal punishments that were being used. There had previously existed correction houses which had been used to instill discipline among the criminals in the society, these facilities were considered to be the most effective way to bring about change amongst criminals. However, these prisons were facing various issues. Poor sanitation proved to be among the issues bedeviling these institutions. Gender and other considerations had not been carefully looked at, when these institutions were being set up (Lyons 2008).

Comparison of the Pennsylvania system and the auburn system

It was in the 18^th century that governments saw the need of overhaul the old prison houses in order to address some of the issues they had been facing. It was then, that new state of the art correctional facilities were constructed. There emerged different systems used to confine the criminals

Pennsylvania system

This system was introduced to reform the inmates by way of solitary confinement. The Philadelphian society introduced this system (Lyons 2008). The aim had been to improve the lives of the prisoners. In order to minimize contact amongst prisoners, the prisoners would be confined in solitary cells. With time the system turned out to be expensive and called for modifications. The auburn system was introduced. This system greatly differed from the Pennsylvania system. Under this system the inmates would interact more. Hard labor was introduced as it was believed it would reform the inmates. As a result, the prisons would earn some form of income. Auburn system was adopted as the relevant authorizes saw it as an opportunity for the prisoners to gain vital skills. Through this system uniforms were introduced to help identify prisoners with ease. The auburn system has however under gone a lot of changes with advancements in humanity.

Impacts of prison labor

The introduction of labor in prisons has had various impacts. They can be divided into social and economic impacts.

Economic impacts

The prisoners while in prison are involved in various activities which can be said to boost the economy (Lyons 2008). Most prisoners are involved in the making of important goods that a country cannot do without. Number plates are among these goods the prisoners help manufacture. The inmates would earn some money as they would be paid for their services

Social impacts

The prisoners idle time is reduced while they are performing these tasks. They are also able to improve their social lives by learning various life skills.

References

Edge, L. B. (2009). Locked up: a history of the U.S. prison system. Minneapolis, MN: Twenty-First Century Books.

Lyons, L. (2008). The history of punishment. London: Amber Books.

Introduction

The general property rights define the ways in which the owner of land or a building can utilize their properties. However, in New York City, there are also the air rights, which relate to the floor space of a building and present requirements regulating the number of floors one can build within a certain area or on a piece of land. The air rights emerged due to the citys lack of free land, and these constraints prompted the real estate developers to build taller buildings. The regulators needed to ensure that these buildings are constructed according to safety standards and that they do not affect the citys overall image negatively. This paper will examine the definition of air rights and analyze the specifics of air rights in New York City.

Concept and Definition of Air Rights

The term air rights, sometimes known as excess development rights, refers to floor area that has been granted by zoning but not built or used. Rosenberg & Estis P.C. (no date) offer the following examplea 10,000 square foot property might be developed with up to 50,000 square feet of floor space in a zoning district that allows for a Floor Area Ratio of 5.0.¹ The property has 10,000 square feet of air rights if it comprises a building with only 40,000 square feet of floor area. Hence, the government of New York City has set clear restrictions on the air rights and the amount of airspace that a construction company can occupy. Each building must be designed and constructed following these regulations.

Air Rights in New York City

The existence of property rights implies that there is a limit on the number of floors one can build. There are restrictions in place, and they vary based on the size and shape of the property, its location, and the zoning district in which it is located.² Buildings with a lot covering less than a set percentage of the zoning lot are designated towers in certain zoning districts and locales, and their height is unrestricted.³ By increasing the zoning lot and lowering the percentage of the buildings lot coverage, zoning lot mergers make it easier for towers to be built. Thus, the basis of the air rights in New York City is the zoning and the assignment of a specific high for buildings based on the area where the construction takes place.

Air rights is an evolving legal domain, and some alterations are already being made by the regulating agencies. In addition to permitting air rights to be transferred to sites around the Subdistrict, the recently established East Midtown Subdistrict dramatically boosted permitted FARs.⁴ Owners of landmarks in the area, who now have a bigger market for their air rights, as well as owners of properties containing older structures that exceeded the prior permissible FARs, will benefit from these changes. Increased FARs and other new laws will enable these properties to be redeveloped with new buildings while retaining the overbuilt floor area. Therefore, the field of air rights in New York City is evolving, and government agencies responsible for these regulations are altering some of the previous policies.

The amount of gap between a buildings physical height and the maximum height permitted by law is known as air rights. Floor Area Ratio (FAR) units are used to express it technically. Moreover, each zone in a city has a maximum FAR; for example, if a construction company has a 10,000-square-foot parcel of land in a zone with a FAR of 2, they can only build a structure with 20,000 square feet of floor space.⁵ Therefore, FAR 2 allows the construction company to build two floors, each equal to the amount of land. Building owners with air rights can sell the vacant space above their buildings to developers, who can then add additional floor space to the existing floor space on their property. Developers can use this method to construct extremely tall structures that would otherwise be impossible to construct due to height and FAR limits. Hence, air rights can be sold or transferred to other companies or individuals.

Development of Air Rights and their Regulation

The development of air rights and their implementation into policies has a complex history. As was mentioned, air rights emerged due to New York Citys land constraints. Despite having a limited amount of areas where one can construct a building, the city has been continuously growing in the number of inhabitants. According to the American Planning Association (no date, para. 7), in principle, air rights go back to early English common law, with its basis in the Latin legal maxim: cujus est solum ejus est usque ad coelum et ad inferos  to whomever the soil belongs, he also owns to the sky and to the depths. Hence, the air rights support the idea that the owner of the land also can decide on the airspace above it.

The owner of the property can sell their air rights following a set of regulatory requirements. The primary document that supports the transfer of air rights is the Purchase and Sale Agreement.⁶ In the same way that a PSA for the sale of land establishes the price, the payment process, including down payment, escrow, interest, and other financial operations, the closing conditions, default rights, notice provisions, representations, and warranties, transfer tax obligations, broker provisions.⁷ To buy or sell air rights, one must first make a declaration, which then becomes the zoning lot. The declaration, on the other hand, has no bearing on the allocation or use of development rights or floor area on the zoning lot. If the zoning lot is constructed, but no agreement is reached on how to allocate the floor area on the zoning lot, either party can potentially apply for a construction permit from the New York City Department of Buildings for a structure that includes all unbuilt floor area.⁸

There is no clear case law on if the purchaser of air rights, in the absence of a documented zoning lot development agreement or other instrument specifying that only the developer or purchaser has ownership of the air rights, has ownership of the air rights. In the absence of a recorded zoning lot development agreement or other document stating that only the company has a right to the purchased floor area, the purchaser of air rights is not entitled to compensation, where the seller uses the excess floor area, even if the developer paid for such floor area.⁹ The zoning lot development agreement, also known as a zoning lot development and easement agreement, assigns the floor space, outlines the rights and duties of the lot owners, and limits development on the zoning lot to some extent named ZILDA.

The definitions of exactly what floor area is being transferred to or acquired by a developer and what floor area is being kept by an owner are the most significant definitions in a ZLDA. The floor area transferred to the developer is divided into two categories: excess floor area, which is calculated by multiplying the lot area of the seller or lot owner by the maximum as of right floor area ratio.¹⁰then subtracting the existing floor area, also known as excess development rights, subject floor area, or subject floor area development rights, and all other floor areas that can accrue to a zoning lot, such as from zoning bonuses or from zoning exemptions.

Regulatory Authorities

In New York City, the regulatory authority that is in charge of the air rights is managed by the Department of Buildings.¹¹ This organization is concerned with the planning and working of the approval applications that are needed for the company or individual that wants to obtain air rights. Next, the policies that are linked to air rights are the Declaration of Zoning Lot Restrictions Zoning Lot and Development Agreement (ZLDA). Hence, the obtainment of air rights is a complex process that requires one to obtain specific legal documentation and approval from authorities.

Conclusion

Overall, this paper addresses the topic of air rights in New York City, the definition of this concept, the history of its development, and ways a property owner can sell their air rights. Air rights regulate the amount of floor space that a developer can build. These policies emerged due to the limited amount of land available in New York City. As a result, companies have to refer to the zone in which they are building their project to determine the air rights available to them.

Reference list

American Planning Association (no date) Air rights. Web.

Gosin, S. (2021) How do air rights work in NYC real estate? Web.

Kramer, R. (no date) Buying and selling sir rights in New York City: part 1. Web.

Rosenberg & Estis P.C. (no date.) New York City air rights. Web.

Footnotes

• 1 Rosenberg & Estis P.C. (no date)
• 2 Kramer, R. (no date)
• 3 ibid
• 4 Gosin (2021)
• 5 ibid
• 6 American Planning Association (no date)
• 7 ibid
• 8 Kramer (no date)
• 9 American Planning Association (no date)
• 10 Kramer (no date)
• 11 American Planning Association (no date)

Labor racketeering can be defined as the illegal use of unions and authority for self-interest. Union labor corruption was perpetrated by, performed in collaboration with, or under the direction of organized criminal syndicates. The beginning of the 20th century set the foundation for labor racketeering and became a law and societal concern (Jacobs, 2020). Until the late 1970s and early 1980s, there was no systematic governmental or enforcement agencies effort to mitigate the issue (Jacobs, 2020).

During prohibition, criminal groups chose to generate profit from selling illicit spirits, which maintained the alcohol demand and earnings high. When prohibition was abolished in the 1930s, the mafias advanced business-running methods remained (Jacobs, 2020). The most potent groups turned their focus away from alcohol to business, including narcotics, gambling, and prostitution (Jacobs, 2020). However, these were not the only money-making businesses that contributed to the profit diversification. Among other beneficial businesses for the organized crime was labor racketeering through the control of labor unions.

There are many reasons why gangs prefer labor unions to other kinds of unions. For example, it can be evident from their choice to control the Teamsters and International Longshoremens Association (Jacobs, 2020). With the sources of such unions, members of Cosa Nostra could easily access all kinds of legitimate businesses, including waste management, construction, or demolition. Moreover, they had easy access to healthcare and pension funds from the unions. These legitimate businesses offered them ways to not only traffick illicit substances or people but also cover up their actions (Jacobs, 2020). Among other crimes, the organized groups performed extortions or threatened employers, and solicited or received bribes.

Hence, it can be seen that organized crime has always tried to control local businesses and expand their influence with the help of diversification of their profits. Among the main activities of gangs were prostitution, drug trafficking, gambling, and labor racketeering. Labor unions were beneficial to organized crime due to the sources they had. Such unions gave mobsters access to legitimate demolition, construction, and waste management businesses.

Reference

Jacobs, J. B. (2020). The rise and fall of organized crime in the United States. Crime and Justice, 49(1), 17-67.