Category: Law 2955

The judicial action in the United States is an integral part of democracy. This practice allows for resolving different controversies and conflicts between various parties by using the existing laws and previous precedents as the basis of decisions. Thus, judicial action is an essential element of the governmental system, however, it has some limitations. This paper aims to review the boundaries of judicial action and compare them.

Judicial action is a decision by a court, which resolves controversy between two parties. In the United States, judicial action has an essential meaning for the legal process and the interpretation of laws, since these rulings become Typically, the court hears the two parties involves and decides what must be done in the particular case, providing them with a neutral environment to voice their opinions on the problem.

The main characteristic here is the reactivity of courts, as they work only on cases that were brought to them (Jillson, 413). This is a limitation because courts cannot address any public controversies and other problems that require a resolution unless someone decides to go to court. In comparison, this limitation is similar to others reviewed in this paper, since the courts primary responsibility is to review the case and make a decision. As with the enforcement and ensuring that the judicial action is followed, this institution is not responsible for these elements.

Supreme Court is an institution that presents a final decision on a case, which would mean that any problem can be resolved if addressed by the Supreme Court. However, a case does not necessarily get settled in a Supreme Court. It may be sent back to a lower court, and this court will use the instructions provided by the Supreme Court to make a decision. Moreover, not all cases can be examined by the Supreme Court, as the law clerk and solicitor general have control over the selection process (Jillson, 413). This is a limitation suggesting that some critical issues can be addressed only by lower courts, limiting their impact, similarly to other restrictions reviewed in this paper.

Some limits of judicial action are connected to the enforcement of the rulings because, in many cases, such decisions require a change in the way thousands of people or officials behave. One example is the issue of mandatory praying in schools, which was deemed unconstitutional, but many institutions in the United States continue using this practice (Jillson, 413). As was mentioned, this correlates with other limitations of judicial action, since the courts do not engage in the process of ensuring that their rulings are followed. Therefore, an issue is the need to raise awareness through state or local agencies to ensure that officials whose work is affected by a specific judicial action are aware of it.

Next, the limitation of stare decisions principle, according to which, prior court cases can serve as a president for court decisions in similar cases. This approach aims to create unity in the way the court system works since the judges are expected to support and abide by the decisions of other court judges. However, in real-life conditions, this doctrine is not strict enough, and thus courts can use the precedent as they deem suitable (Jillson, 413). On the other hand, the freedom associated with stare desisis allows the courts to improve the existing policies and avoid using old cases as the basis of their decisions forever. Unlike other limitations, this has a positive impact on the court system, allowing for uniformity and flexibility. Overall, judicial action as an independent entity is an element that enables democracy.

Work Cited

Jillson, Cal. American Government: Political Development and Institutional Change. Routledge, 2016.

The United States health care system is undergoing some significant reforms. Numerous efforts are being undertaken to improve the accessibility to health care and to cut the general costs that are linked to health care services. This has led t a strong need for health care reforms. Among the major issues that need to be put into consideration during the health care reform debates is the topic of tort reforms. According to the United States president, Barack Obama, tort reforms are lagging with respect to the health care reforms. This is a major setback for the health care reformers since the costs for medical; liabilities impact negatively on both the accessibility and costs of health care.

The ever-increasing clever-increasing ice in the health care industry is threatening to decrease the number of hospitals and doctors in the various states of the U.S.; thus, policymakers are forced to look into the factors that are causing these crises. The crises have been linked to various factors such as the increasing number of claims that are being filed and the severity of the filed cases. Thus, policymakers are investigating the flaws of the medical litigation process. The policymakers are also concerned with the doctors reactions to the malpractices varying environment and the impacts of the malpractice tort law on the application of defensive medicine.

There debate on the existence of defensive medicine is a debate that has been ongoing since the early 1970s. The United States Congress Office of Technology Assessment (OTA) defines two forms of defensive medicine: the negative and the positive defensive medicine. The positive defensive medicine occurs when medical physicians order additional medical tests on a patient so as to avoid malpractice liability; basically, positive amounts to the additional exploitation of health care. On the other hand, negative defensive medicine refers to situations where physicians avoid certain medical practices or patients for the fear of malpractice liability; negative amounts to the decrease in the utilization of health care facilities (United States Congress, 1994). The existence of defensive medicine leads to the deviation from sound medical practices and greatly increases the costs of health care provision.

The medical reforms that have been proposed by the Obama administration have led to an improved quality of health care. However, reforms are required for medical liability; tort reforms that awards damages for the harm that is caused would be a viable solution by instituting an upper limit to the damages that are awarded for any malpractice. Kessler, Summerton, and Graham (2006) found out that tort reforms would greatly reduce the practices of defensive medicine. This would be achieved through the reduction of medical expenditures and the reduction of mortality rates and medical complications. Additionally, it was evident that states that had capping laws had lower per capita health expenditures than the states that had no such regulations. In a similar situation, the passing of the Medical Injury Compensation Reform Act of 1975 (MICRA) by the State of California that imposed a cap of $250,000 on non economical damages led to the reduction of the malpractice premium by more than 75% with the number of plaintiffs who received damages being reduced to a third (Hellinger, & Encinosa, 2006).

In conclusion, it has been proved that tort reform is not just theoretical but practical. The efficacy of the reforms have been premeditated for decades and found to be valuable in decreasing the health care costs, boosting the accessibility of the heath care services and raising the quality of the medical care. Thus, tort reforms should be adopted and implemented by all governments.

References

Hellinger, F.J., & Encinosa W.E. (2006). The Impact of State Laws Limiting Malpractice Damage Awards on Health Care Expenditures. American Journal of Public Health, 96(8), 1375-1381.

Kessler, D.P., Summerton, N., & Graham J.R. (2006). Effects of the Medical Liability System in Australia, the UK and the USA. Lancet, 368(9531), 240-246.

U.S. Congress. Office of Technology Assessment. (1994). Defensive Medicine and Medical Malpractice. Washington, DC: U.S. Governments Printing Office.

The major postulation of the social learning theory is that behavior is a result of learning the norms, values and behaviors from society. This essay will review the three most prominent forms of social learning theory that explain the delinquent activity. These are differential association theory, differential reinforcement theory and neutralization theory.

The policy adopted by the Department of Job and Family Services is clearly based on the three theories mentioned above. According to the differential association theory by Sutherland (1947), crime is a function of learning processes that can affect any person in any culture. This policy assumes that the problems noted within families like domestic violence, child abuse, or drug and alcohol-related offenses committed by those responsible for the care and upbringing of children could be passed on to children through social learning that occurs within the family set up since socialization of the individual begins within the family set up (Siegel&Welsh, 2008, p.136)

Differential reinforcement occurs when an individual is in frequent contact with the values and attitudes that make it conducive for the individual to engage in certain behaviors, for this case the children may become violent, abuse drugs, and even possibly become abusive parents. The theory explains that differential association occurs within intimate groups which are capable of influencing the behavioral and attitude development of the individual, through interactions and that the associations vary in duration, frequency, intensity and priority (Siegel&Welsh, 2008, p.138)

On the other hand, the neutralization theory which is based on the works of Sykes and Matza explains that the process of adopting antisocial behaviors involves drifting between conventional and illegitimate social behavior. Those involved in behavior considered antisocial often have a set of rationalizations that they use to justify their behavior; they often deny responsibility for the act, deny doing harm to anyone, some deny that the one wronged is really a victim while others condemn those who condemn them for their acts (Carrabine,cox,Lee,Plummer&South,2009,p.83)

The use of punishment and rewards in social learning is believed to enhance the learning of new behaviors. This policy seems to adopt this principle in that there is an assumption that that through separation from their children, parents will become remorseful and change their behaviors in order to gain custody of their children. The policy can be seen as beneficial for three main reasons. First, it provides alternative remedial measures like counseling and life skills training which are important in initiating behavior change in parents and caregivers who have may have a record that could possibly lead to the removal of children from their home. The second reason why the policy can be considered to be beneficial in that it provides a means through which children can be protected from abusive parents, neglect and other problems that could hinder children from enjoying their rights.

This step also ensures that the welfare of such children is secured and also eliminates the likelihood that they will continue to learn antisocial behavior. The third reason is that most of the remedial measures proposed within the policy like alcohol, drug and mental health treatment require change or modification of the environment in which the person lives and this can be beneficial in fostering positive behavior change to parents and caregivers.

The negative consequences associated with this policy relate to whether the suggested remedial measures address the root causes of the social problems like alcohol and drug use, domestic violence as well. Most of these have multiple etiologies which the policy may not be able to address satisfactorily. In addition, the implementation of such a policy can also be disadvantageous in that it transfers the responsibility of bringing and caring for children from the family to the state. This can worsen the problem further as more families may neglect their children and inevitably force the state to care for them. The normal anticipation with implementing the suggested measures is that there must be substantial investment by the state in terms of physical facilities, personnel, money and other necessities to run treatment programs and in safeguarding the welfare of children taken away from their families. This can translate to more taxes to be paid to the state by the citizen.

There are important ethical concerns regarding the policy which as a result of several factors. First, the subterranean value structure of the American society for example poses a challenge to the success of the policy. Subterranean values according to Americans are those values that are publicly condemned, but at the same time often admired by many and widely practiced in private. Such values include drinking alcohol, watching films that could be highly violent or use of vulgar language. The existence of these values alongside the conventional values makes it difficult to judge what proper parental conduct would involve. The other ethical concern pertains to the parental responsibility and that of the family in providing care for all family members. Family relations are important in the individual life and this presents a dilemma on whether separation from the family is the best for the children and the parents (Siegel&Welsh, 2008, p.138)

The policy again overlooks the fact that some of the problems facing families are only opportunistic and not situational. These problems for example include minor offenses due to occasional indulgence in excess alcohol. The policy also does not clearly provide how different age groups will be cared for when they are separated from their families. In addition, it does not address the issue of what happens to the children in case the behavior of the parent or the carer does not improve.

Reference list

Carrabine, E., Cox, P., Lee, M., Plummer, K., & South, N. (2009).Criminology: a sociological introduction. Abingdon: Taylor & Francis.

Siegel, L.J. & Welsh, B.C. (2008).Juvenile Delinquency: Theory, Practice, and Law. Belmont: Cengage Learning.

Introduction

The main reason why United States Congress passed the Equal Employment Opportunity Act in1972 was to promote justice and equality in all federal employment departments. This act brought sanity in many departments including the police. For a number of years, the police department was a symbol of many cases of abuse and segregation related to color, race, ethnicity, and sex. Hiring people to the police force was another predicament marred with a couple of discriminations. For example, few women worked in the police force. Therefore, this act is geared towards the realization of affirmative action during hiring processes. Moreover, the act stipulated the remedies to any discriminatory form in terms of employment. The Equal Employment Opportunity Act of 1972 covered all employees including police officers, former employees, managers, and supervisors of companies and government institutions. The paper examines the changes realized in police after the equal employment opportunity act of 1972 became law.

Equal Employment Opportunity Act of 1972 on Police

Since its inception in 1972, Equal Employment Opportunity Act (EEOA) opened a new era of human rights under the Public Laws of America. The legislation emphasized the respect for human rights, especially on employment discriminati that had skyrocketed. Therefore, the act restricted local governments, states, police departments, government, and noon-governmental organizations from discriminating against people against their race, color, sex, or nationality. This was an extension of the provisions of the 1964 Civil Rights Act thus protecting employees from employer discriminati. To this far, the police had been empowered to conduct EEOC cases under directions from senior counsels for further litigation. The act made a revolutionary in the manner the police bureaucrats conducted investigations. Moreover, the act demanded all courts and the Department of Justice to instigate any upcoming suit to any authority that went contrary. (Lenneal, 2005, p.234).

The major reason for instituting the EEOA act in 1972 was to give women an opportunity to seek employment in all sectors of the government and any other field. Previously, less number of women worked as police officers due to warring discrimination. Tonhese women had the potential to exercise police responsibilities. Nevertheless, the act as an amendment of the 1964 Civil Rights Act, allowed women to work freely in the force. This was the first chance in the police structure. Not only was the recruitment of women into police the only change resulting from the EEOA act, but the act also displayed procedural recruiting mechanisms. To realize discriminatory free societies, the EEOA act allowed the institution of a special monitoring unit to assess the whole workforce of the United States. As expected, compiled statistics showed that the number of women and minorities was low as compared to men. (Lenneal, 2005, pp.236-239).

The police force is a sensitive area especially for the safety of the citizens. Therefore, the act accorded it a greater priority in order to secure a police force free of any discrimination. Consequently, due to the EEOA act of 1972, police had to suffer some changes. The act had brought women and minorities into the force where male counterparts dominated. On the other hand, a sequence of court cases during the 1970s and 1980s suggested that proper recruitment of police officers is essential for faster completion of cases filed. Instead of civil recruiting, the act denounced a method whereby an applicant has to fill in the forms available in newspapers, internet sites, and flyers. As a result, the applicants will have to attend programs on criminal justice in colleges or universities. The main reason for doing this was to hire potential and educated applicants who will serve citizens on humane grounds and testify exclusively against court cases. (Rendell, (n.d.), pp.409-410).

The Equal Employment Opportunity Act of 1972 further made profound suggestions apart from the manner of recruiting officers bringing more changes in the police. For example, the act spelled out the creation of training curriculums to improve police personnel qualities. Previously, before Congress passed the act and became a law, many police officers of that time did not have many skills in court cases and the majority never wanted anything to do with police training. Police officers were now liable to three types of training namely field, basic and in-service training. Newly recruited police officers do basic training in colleges or universities established under the act. Here, police officers took courses like criminal law beneficial in conducting criminal investigations. Other modules introduced included, the interaction with citizens, how to handle emerging situations, and the use of force accordingly. Consequently, field raining is next to where; there is the real application of the skills learned during basic training. (Police Organization and Management, (n.d), Para. 1-6).

Equal Employment Opportunity Act of 1972 requires police officers to oversee the whole hiring standards. Any form of discrimination on employment matters is unlawful. Therefore, police officers kept proper records about employee employment, and in case of any form of discrimination from an employer, they testified in a court of law.

Conclusion

The equal employment opportunity act of 1972 brought many changes in the police force. It provided a platform of equality in the hiring of police officers just like any other government department of private institutions. Under these acts, police had to accept affirmative action and perform investigatory duties associated with discrimination complaints. Discriminations based on sex, social background, physical abilities, religion, political inclinations, pregnancies, and previous positions held are unlawful. These unlawful acts lead to a court case to redress justice. The past police force mainly constituted male persons who were untrained. The inception of the law meant police officers must undergo three pieces of training under fair hiring grounds free from any form of discrimination. The Equal Employment Opportunity Act of 1972 ensured fair treatment of every citizen on employment matters right from recruitment to responsibilities.

References

Lenneal, H. (2005).The Impact of the Equal Employment Act of 1972 on Employment for Women and Minorities in Municipal Government. Journal of Policy Studies, 7(2), pp.234-239.

Police: Organization and Management-Police Recruitment and Training. (2010). Web.

Rendell, E. (n.d).Personnel Management and Labor Relations. Web.

In the ACLU vs. Clapper case, Judge Pauley ruled that it is constitutional to track the phone calls of the people living in the United States. Constitutional issues and principles relevant to this case are the peoples civil liberties and their right to privacy. The program of collecting phone data, launched by the U.S. government, collects information from all people within the state. Pauleys conclusions suggest that the Fourth Amendments protection of phone data privacy is questionable.

Pauleys ruling is based on weighing the benefits of the national phone data collection program and potential harm from it. Pauley justifies his ruling by arguing that while Americans depend on technology for the convenience, Al-Quaeda used this technology against the people (U.S. District Judge Pauleys ruling in ACLU vs. Clapper., n.d., para. 1). Before the attacks on 11th of September, the analysts working for the National Security Agency (NSA) were able to track phone calls from one of Al-Quaedas members. However, the NSA analysts concluded mistakenly that al-Mihdar was overseas (U.S. District Judge Pauleys ruling, n.d., para. 2). Therefore, they thought that the terrorists are not a threat to national security when, in reality, al-Mihdar was in the United States and planned a terrorist attack. Moreover, most people voluntarily provide their data to transnational corporations. Hence, considering the potential benefit from this program, it should the NSA should use it.

Based on this commentary, one can conclude that in this ruling, the judge compared the potential of preventing future terrorist attacks and individuals rights for privacy. Considering the terror of September 11th, he concluded that it should be legal if phone tracking can prevent similar events. In summary, Judge Pauleys ruling makes federal phone tracking legal based on the idea that such tracking would prevent the September 11th attacks.

Reference

U.S. District Judge Pauleys ruling in ACLU vs. Clapper. (n.d.). Web.

Introduction

Entrepreneurs should be aware of the major laws and legislation that have the potential to affect business performance. They can engage in lifelong learning to identify emerging policies and combine them with past legal pronouncements that might affect their investments directly or indirectly. Olde Worlde Charm is a small boutique hotel that serves different clients, including international tourists, local people, adventure runners, and orphans. Since this is a partnership business that has different stakeholders, it is appropriate for the owners to consider all laws, strategic models, and principles in an attempt to record positive results. This paper presents a case study explaining how the application of business law principles can affect Olde Worlde Charms success and performance.

Potential Impact of Law and Business Strategy

The case of this small boutique echoes some of the unique opportunities and challenges that dictate the future of many businesses. Firstly, the nature of a business entity will dictate the roles of different partners, how losses and profits are shared, and the level of liability. For this example, it is agreeable that the decisions and expectations of the three college friends could have significant implications on their performance. If one of them decides to sabotage the business, chances are high that the individual will succeed since they should all be involved in decision-making processes (Patel & Cespedes, 2016). This happens to be the case since partners are characterized by binding legal agreements.

This small firm has 11 workers who provide services to different customers. With the emergence of employment laws in this country, it is evident that the three partners will have to consider such stipulations to ensure that they provide competitive wages to their workers. Additional areas to consider include the provision of a clean working environment, personal protective equipment (PPEs), and insurance cover (Bayern, 2016). These requirements are essential and will force the boutique hotel to readjust its model and use the accrued profits to meet the needs of these casual laborers. Failure to follow such a piece of advice will increase the chances of becoming obsolete and failing to achieve the intended objectives.

Olde Worlde Charm serves local and international customers by providing accommodation and food. This practice means that the firms leaders should be aware of the implications of the Competition and Consumer Act. As studied in class, Section 2 indicates that business entities have a role to protect the people of Australia by ensuring that all forms of competition are fair and promote the needs of the consumer (Patel & Cespedes, 2016). Those who choose to ignore such a provision will have to be fined accordingly. The partners should, therefore, consider the existing law to focus on the diverse needs of every orphan and other customers who receive food supplies and catering services.

Within the field of business strategy, firms and entrepreneurs are expected to do what is right and ensure that both their employees and customers receive the intended support and care. In the event of any injury or harm, tort law becomes a reality whereby a certain error will eventually trigger huge fines (Bayern, 2016). For example, many scholars reference the Donoghue v Stevenson case of 1932 to explain why malpractices or failure to consider the duty of care concept can affect the success of businesses (Patel & Cespedes, 2016). Tort laws have in the past disoriented the performance of many companies for injuring employees or companies.

Business strategy is something critical since it dictates how any given organization pursues and achieves its aims. When executed properly, the managers and followers will be willing to consider the power of principles that dictate performance. For instance, the past two decades have informed a new tendency whereby companies are starting to become ethical and consider the importance of protecting the integrity of the natural environment. According to the studied class materials, firms that pursue ethical practices will have increased chances of remaining legal and adding value to the targeted customers (Patel & Cespedes, 2016).

Olde Worlde Charm needs to pursue this idea to introduce new practices that will safeguard the integrity of the natural environment. It can partner with the Blue Mountains World Heritage National Park to protect different plants and creatures in accordance with established business laws.

The concept of corporate social responsibility (CSR) remains critical in any business as part of supporting different stakeholders and giving back to society. Olde Worlde Charm needs to follow such a model to continue to allow more adventure runners to use its trails. Such an initiative can attract more potential customers and eventually maximize profits (Mota, Carvalho, Gomes, & BarbosaPovoa, 2020).

It will also consider new approaches to ensure that there are more free days for beneficiaries from the Inner City School for Orphans. Such a model makes it possible for companies to become more admirable and attractive to the greatest number of people. Firms that take this issue seriously double their chances of adding value to their clients and increasing their competitive advantages.

The PESTEL framework has become one of the widely utilized tools to guide managers whenever focusing on new markets. Olde Worlde Charms managers can focus on this model since it provides new opportunities for analyzing the political, economic, social, environmental, technological, and legal factors that have the potential to facilitate or disorient performance. This emerging boutique hotel will have to focus on this tool to make evidence-based decisions and introduce a superior model that is informed by the environmental and legal forces experienced in the selected region (Tasgit, ^entürk, & Ergün, 2017). This knowledge will ensure that future challenges and obstacles that might affect profitability are identified and addressed.

The liquor Act of 2007 is a law that Olde Worlde Charm needs to take seriously since it operates in the hotel industry. The main aims of legislation include minimizing cases of alcohol use and abuse, supporting the expectations and needs of the wider community, and making sure that the established controls and restrictions resonate with the demands of the industry (Mota et al., 2017). Since alcohol is one of the common products sold at this hotel, it would be critical that all employees are aware of the Liquor Act and work tirelessly to deliver the intended aims. This kind of practice will ensure that this boutique hotel is in a position to achieve its objectives.

Recommendations

The case of Olde Worlde Charm is a clear indication that business law and strategy are necessary attributes that organizational leaders should stop ignoring. This hotel should consider each of the above laws that have the potential to disorient or support performance (Peterson & Griffin, 2019). The initiative will make it possible for the three partners to develop a superior model to transform operations and maximize the services available to all customers. The inclusion of training programs focusing on the above aspects will empower the casual laborers to work in a competitive manner and eventually deliver the intended results.

The concept of business ethics needs to be the leading principle for ensuring that Olde Worlde Charm operates in a legally acceptable manner. The partners can introduce a Code of Conduct that will outline what every person needs to complete within the stipulated period. The document will also describe how this firm will address emerging issues and eventually improve the experiences of different customers.

A new business model informed by the above legal, ethical, and business laws will be needed to streamline operations (Tasgit et al., 2017). The move will ensure that all workers understand how to relate with different stakeholders, including customers, suppliers, tourists, and community members. The firm will have to focus and promote the integrity of the natural environment since it is close to a national park. The knowledge of these issues will be the first step towards overcoming the legal implications and lawsuits that might affect this hotel.

Conclusion

The above discussion has outlined various legal and strategic aspects that are critical for entrepreneurs and investors who want to record increased profits within a short period. Olde Worlde Charm is a partnership business that faces diverse challenges, opportunities, and obstacles that might impact its future performance. The nature of this firms model requires a detailed analysis of every legislation and strategic principle if it is to become sustainable. If the three partners consider the above suggestions, chances are high that they will be prepared for potential risks while at the same time delivering high-quality services to the targeted customers.

References

Bayern, S. (2016). Three problems (and two solutions) in the law of partnership formation. University of Michigan Journal of Law Reform, 49(3), 605-633.

Mota, B. A. E., Carvalho, A. I. C., Gomes, M. I. A., & BarbosaPovoa, A. P. F. (2020). Business strategy for sustainable development: Impact of life cycle inventory and life cycle impact assessment steps in supply chain design and planning. Business Strategy and the Environment, 29(1), 87-117. Web.

Patel, B. N., & Cespedes, F. V. (2016). Introduction to business strategy. Journal of the American College of Radiology, 13(6), 747-749. Web.

Peterson, E. A., & Griffin, C. (2019). Building long-term strategic value by addressing barriers to future-oriented legal thinking. North East Journal of Legal Studies, 39(3), 38-58.

Tasgit, Y. E., ^entürk, F. K., & Ergün, E. (2017). Corporate culture and business strategy: Which strategies can be applied more easily in which culture? International Journal of Business and Social Science, 8(6), 80-91.

Abstract

Although many individuals may argue that the obligatory sentence orientation has achieved a lot as far as crime taming is concerned, the entire process has many flaws; something that jeopardizes its mandate. In this regard, the paper will explore the ethical dilemmas relating to this form of a sentence, whereby research findings have indicated that the entire system has many biases (economically, racially, and socially) hence, the failure to achieve justice for all. In addition, the system has contributed to many economic and social problems because of the enormous numbers of prisoners in most penitentiaries, a fact that questions the credibility and reliability of this form of sentencing orientation.

Introduction

The effectiveness of any sentencing law; as concerns the achievement of justice, depends on how effective the law is, when it comes to ensuring a judicial system achieves justice for all. That is, the main reason behind the adoption of certain sentencing laws is to ensure that, all individuals convicted of any criminal offense receive proportional sentences for their crimes. The same is the scenario when it comes to mandatory sentences. Although many may argue that, the adoption of the mandatory sentence has many advantages, which include the lessening of court expenses; because of its procedural measures, and giving all criminal offenders required sentences, the same has not been the case. This is because; the entire sentencing procedure has achieved little, as far as justice is concerned, something that is clear with the increased prisoner numbers and the prevalent discriminations associated with mandatory sentencing. On the other hand, there exist clear indications of flaws in the mandatory sentencing scheme, because of the nature of external influences; more so political, that is clear in the federal mandatory sentencing system. The fact that currently there is an outcry from members of the public, judicial system, and state governors, as concerns overhaul of the entire system, surely indicate that the system has many problems, which require serious consideration (Gabor & Crutcher, 2002, pp. 21-26).

Ethical Dilemmas of Mandatory Sentencing

Endorsement of the mandatory sentencing law had a single intent; provision of criminal sentences proportional to the nature of criminal offense perpetrated by individuals, regardless of their race, political, social, or economic affiliations. To some extent no one can deny that the sentencing mechanism has achieved its objectives, although the many ethical flaws associated with the system, make the system void of its mandate. As Wilkins et.al (1991, pp. 25-26) argue, the entire system has many structural and performance hitches that make many questions the validity and reliability of the entire system as concerns achievement of its mandate.

One main ethical dilemma facing this sentencing mechanism is achievement of fairness to all individuals. For example, consider individuals convicted of crimes whose punishment falls below the set mandatory sentence; a case that is prevalent in the narcotics sentencing laws. In reality, it is unfair to compare those offenders, with criminals whose offenses deserve the desired obligatory sentence criteria to crime perpetrators whose offenses are lacking. That is to say, there should be the incremental validity concept in any sentencing measure or system. In addition, from research findings, there exist clear disparities when it comes to individuals convicted of specific criminal offenses, which require the application of this form of a sentence. This is because, in most prisons, the number of black criminals is more, when contrasted with the number of whites who the courts have convicted of the same criminal offenses (Newton, 1992, p.1). Many proponents of mandatory sentencing attribute such numbers to the fact that most criminals are black; a fact that is questionable in terms of validity. This in many ways jeopardizes the fairness concept, something that is engrossed in the fundamentals of any sentencing criteria.

In addition to the degree of fairness in such laws, the incapacitation of judges makes the entire sentencing protocol lacking. This is because, in most plea-bargaining, the passing of sentences, more in cases that require the effecting of the obligatory sentence, depends primarily on the verdicts of the prosecutors. This in ways can affect the case outcome in terms of quality, because play minimal roles when it comes to such cases; their duties are to concur with the plea hence, affecting the required sentences. This is an issue of concern because; most prosecutors judgments are inclined either racially or economically, hence making the entire process a flaw. Most economic disparities manifest themselves when it comes to hiring attorneys to represent one. This therefore makes it important, for adoption of the discretion concept on judges, a concept meant to ensure that, the entire justice system achieves justice. Although this is essential, a still need arises to formulate mechanisms of eliminating errors that may result; something that is possible through adoption of sentencing guiding principles (Issues in Mandatory Minimum Sentence, (n.d.), pp. 7-8).

On the other hand, many questions arise as concerns the control of crime rates; a factor that adoption of obligatory sentences targeted. For example, as concerns eliminating the drug trafficking syndicates, the governments targets were to properly deal with the real perpetrators of the crime. However, because, majority of the criminals serving obligatory drug-related jail terms are low-level sellers, makes the entire process is a disgrace to the justice system. Hence, the entire system has failed in achieving its mandate. The fact that most prisons have many inmates serving this form of sentence makes the whole scenario worse hence, eliciting many questions of the competence of the judicial system to handle crime and control prison expenditures economically.

Conclusion

In conclusion, because of the many dilemmas associated with the entire obligatory sentence system, there is need for serious reforms; reforms that will ensure not only does the system achieve proportionality in sentencing, but also a system that will ensure the crime rate declines. In addition, there is need for the adoption of mechanisms, which will ensure the limiting of external influences on the quality and type of mandatory sentences passed by courts.

Reference List

Gabor, T., & Crutcher, N. (2002). Mandatory minimum penalties: their effects on crime, sentencing disparities and justice system expenditures. Web.

Issues in Mandatory Minimum Sentencing. Considering the traditional and alternative methods of crime control in the United States Justice System. 2010, Web.

Newton, J. (1992). Harsher Crack Sentences Criticized as Racial Inequity: Narcotics: Mandatory penalties are unfair to blacks, critics say; Terms are stiffer for smokable cocaine. Los Angeles Times. Web.

Wilkins, w., Carnes, J. E., Corrothers, H. G., Gelak, M. S., Mackinnon, G. E., Mazzone, D. A., Nagel, I. H., Getty, P. C., & Maloney, P. L. (1991). Special report to the congress: Mandatory minimum penalties in the federal criminal justice system. United States Sentencing Commission. Web.

Question Presented

Tamika Burgess, a resident of New York, inherited 10 acres of land in Ohio. She decided to sell the property to McDonald Contractors, Inc. for the sum of $500,000. McDonald Contractors entered a contract with Tamika Burgess for the purchase of the above property on June 1, 2007. As part of the contract, Ms Burgess provided owner financing by accepting a $100,000 down payment from McDonald Contractors and agreeing to receive the remaining $400,000 in monthly instalments over 10 years. On December 2, 2007, the Ohio Board of Agriculture designated a large area of land as solely agricultural use (Agricultural Preservation Area), barring commercial development of any type for 5 years. The re-zoning would become effective April 1, 2008. The Agricultural Preservation Area included the property sold by Tamika Burgess to McDonald Contractors. On December 15, 2007, McDonald Contractors, upon learning of the boards decision, sent a letter to Tamika Burgess stating that it intended to stop making its monthly payments for the land after April 1, 2008, due to the boards decision to re-zone the land as agricultural use only.

The paper aims to answer the question, whether by discontinuing its monthly payments for the land sold to them by Tamika Burgess, this being as a result of the land being rezoned by the Ohio Board of Agriculture as Agricultural land only, is McDonald Contractors Inc, breaching its contract?

Brief Answer

Usually, a breach of contract is described as any kind of abstinence or non-performance from the completion of a legal obligation that was previously agreed upon. This can include non-fulfilment of the contract, partial fulfilment, or non-satisfactory performance. In this case, McDonalds Corporation Inc, intend to partially fulfil the contract they made with Burgess based on grounds that were not implicated during the arrangement of the contract terms. If a contract is in written form and a party signs it, then that person is bound to the terms of the contract regardless of matters arising.

Facts

After Tamika Burgess, a New York resident inherited a 10-acre piece of land in Ohio; she decided to put the property on sale. At the same time, McDonald Contractors Inc was looking to buy land and they offered Ms Burgess $500,000 for the property, to which she agreed. Therefore, on June 1, 2007, McDonald Contractors entered into a contract with Tamika Burgess for the purchase of the said property. Following the contract, Ms Burgess provided owner financing by receiving a $100,000 down payment from McDonald Contractors and consented to receive the rest of the $400,000 in monthly instalments for 10 years.

However, on December 2, 2007, the Ohio Board of Agriculture allocated a large tract of land as an Agricultural Preservation Area, thus barring any type of commercial development for 5 years. This re-zoning, which unfortunately includes the property sold by our client Ms Burgess to McDonalds Contractors, is to become effective from April 1, 2008. On learning about the boards decision, McDonald Contractors sent a letter to Ms Burgess on December 15, 2007, stating that they intended to stop making the monthly payments for the land as of April 1, 2008. At this point, Ms Burgess came to seek help from our firm. In the process of presenting her case, she also stated that a farmer has approached her and would like to take over the mortgage payments for McDonald Contractors and in return to receive the title of the land.

Discussion

As unmistakably observed in this case, McDonald Contractors breached its contract with Tamika Burgess. This is because all parties are legally bound to an obligation once they enter into a contract and the non-fulfilment of that obligation is considered a non-performance or a partial performance. (Dixon 2002). Despite the company has committed in the contract to pay off the remaining balance to Ms Burgess in monthly instalments, it now intends to discontinue the payments from April 1, 2008. The company was supposed to pay off the balance within a 10-year period which translates up to June 1, 2017. Therefore, by ceasing to pay Ms Burgess, whatsoever the reasons, McDonald Contractors will have gone against the terms of the agreement as stipulated in the contract.

However, Ms Burgess cannot file to sue McDonald Contractors presently. Despite having evidence in form of a letter of the companys intent to breach the contract, the fact that the contract has not been breached yet does not allow her to press charges. For her to do so Ms Burgess has no choice but to wait until the company is no longer making the necessary payments to her account. This way she will have viable evidence and thus a concrete case against the company.

Assuming that a breach of contract will occur on the asserted date, there are several remedies that Ms Burgess can use to rectify the breach of contract. She could file a suit against McDonalds Contractors and seek equitable remedies. This refers to either specific performance whereby the court orders the defendant to fulfil their contractual obligations or a mandatory injunction, which is a court order that commands a defendant to do something. She can also file for unliquidated damages in terms of loss of bargain. This is whereby the damages caused to the defendant by the breach are assessed by the court and this article intends to put the claimant back to the position he/she would have been in had the contract been fulfilled.

On the other hand, if we file suit against McDonald Contractors, the company is expected to come up with defence claims to protect itself. The company could claim reliance loss which is wasted expenditure, and this arises when the claimant has incurred loss in the fulfilment of partial performance. This is because the company bought the land expecting to get their expenses back as well as profits from it. However, with the company being a commercial developer and the land having been re-zoned as an Agricultural Preservation Area, the company is projected to suffer immense loss.

While presenting her case to the firm, Ms Burgess stated that a farmer has approached her about taking over the mortgage payments from McDonald Contractors and in return receive title to the land. Basic contract principles state that to have a contract, there must be an offer first. The next step is either an acceptance or a rejection from the person being given the offer. The final aspect is a consideration that involves the exchange of something that is of value. The value should not be necessarily fair or equal, but the consideration should be mutual between both parties. In this case, therefore, if Ms Burgess feels she wants to accept the offer, she does not require any approval from McDonald Contractors. The fact that the company did not fulfil its contract means the title of the land is still permitted to Ms Burgess and she can transfer the contract to someone else to compensate for losses that might be incurred. However, the terms of the contract should be in writing and be signed by both parties.

Attached below is a recommendation of a contract clause to be included in the contract to protect Ms Burgess in the scenario that the land is re-zoned again.

This Agreement and the exhibits attached hereto contain the entire agreement of the parties concerning the subject matter of this contract, and supersede all prior negotiations, agreements and understandings with respect hereto. This agreement may only be amended by a written document duly executed by all parties and any party cancelling their contract after its instigation shall pay liquidated damages of $1000 per month for the remainder of the unexpired portion of the term of the academic agreement, not to exceed $100,000. (Larson 2003)

References

Larson, A. (2003). Common Contract Clauses. Law Offices of Aaron Larson, 10, 37-39.

Dixon, M. (2002). Principles of Land Law. Milton, UK: Routledge.

Introduction

Violent crimes by juveniles have been a topic of debate for many decades. Crimes committed by youth increased during the mid-1980s, which lasted for over a decade (Jordan and McNeal 387). This situation triggered the ensuing panic of the general public. People started to become more concerned about juvenile violence; thus, state authorities established several policies to change the ongoing situation. Each state had developed individual plans for transferring some cases from the juvenile criminal justice system to the adult one. Thus, due to the spreading concern, most states administered new regulations to make it easier to influence the number of minors enrolling in the adult system.

Juvenile court judges are the ones responsible for trying minors in court. They follow the procedures developed by the state juvenile laws, whereas the state criminal laws bound criminal court judges. However, not all youth offenders are prosecuted by juvenile judges, as there are ways for the subjects to be placed in a different system (Jordan and McNeal 388). The primary method is called a judicial waiver, where the juvenile court rules to move the case. The other transfer method is a prosecutorial waiver, also known as a direct file, where the prosecutor rules upon the decision of transfer. Lastly, the legislative waiver implies that tried juveniles are instantly placed in the adult system because of the seriousness of their crimes. Moreover, some states automatically treat sixteen or seventeen-year-old individuals as adults (Pettit). However, despite the current case-by-case system, it is not functioning appropriately. Thus, violent juvenile criminals should not be tried as adult offenders because the penalty is disproportionate; the system lacks long-term rehabilitation and is inefficient.

Arguments against Trying Juvenile Criminals as Adults

Disproportionality of Penalties

Although the justice systems purpose is to stop crimes, it is proven to be disproportionally harsh to minor individuals. Studies suggest that juveniles tend to be sentenced to longer jail time than adult offenders (Jordan and McNeal 388). The research on the topic reveals that juvenile status influences judges while executing sentencing decisions in adult criminal court (Jordan and McNeal 397). Thus, the young offenders experience sentencing enhancement at a point of confinement length decisions. The juvenile status is not the only defining variable for such judgments, as it also includes the racial composition of the population of each community. Other variables such as gender and minority status are not indicated as factors for potential prejudice; therefore, the criminals age seems to be the defining factor for harsher decisions.

The system was initially designed to protect American citizens from the possible dangers of violent crimes committed by juveniles. However, the potential biases that currently influence judges decision-making processes within the adult criminal jurisdiction indicate the alarming disproportionality of punishment levels. While distinguishing between different criminal instances committed by the youth can potentially be beneficial to society, this ideas current execution is questionable. Overall, the case-by-case system is currently executed does not adequately determine just sentences to juvenile criminals, as it is partial and one-sided. Thus, to avoid the biases mentioned above within the adult system, youth should only be tried within the juvenile criminal system.

Lack of Long-Term Rehabilitation

Furthermore, juvenile criminals attending the adult system have fewer opportunities to receive appropriate long-term rehabilitation. One of the significant issues with contemporary adult reformatory facilities is that they cannot provide long-term recovery programs for juvenile offenders (Pettit). Besides the publics protection, the purpose of the justice system is to encourage positive change in convicted individuals. However, the adult criminal system cannot fully identify the potential for change in young offenders (Children Tried as Adults). The main goal of rehabilitation relates to actions meant to change offenders into law-abiding members of society. This process may include presenting educational programs in prisons, education connected to obtaining necessary job skills, and psychological counseling.

However, young offenders are often denied appropriate rehabilitation, particularly educational possibilities that can encourage these individuals to become active contributors to society once they complete serving their sentences. Pettits article focuses mostly on nonviolent, low-risk youth, yet violent offenders face similar treatment and equally deserve to have an opportunity to change. This is especially crucial given the young age of the individuals, as despite the length of the sentence, they have higher chances to return to society. Therefore, necessary assistance should be provided to youth criminals. Overall, trying young criminals within the juvenile jurisdiction facilitates the probability of them maturing to become functioning adults who fully comprehend the consequences of their actions and can function economically.

The Inefficiency of the System

Lastly, trying young individuals within the adult system is inefficient, as it does not prevent individuals from imposing dangers to society after release. Research shows that minors that were convicted within the adult criminal justice system have higher chances of committing crimes after release than individuals contained in the youth prisons (Children Tried as Adults). These policies were not efficient in making communities across the country safer; they only placed young individuals in dangerous and violent adult-prison environments. Research has determined that minors coming from this environment are 34 percent more likely to be arrested again than those convicted of similar offenses in juvenile court (Children Tried as Adults). Moreover, they have higher tendencies to be suicidal than those in juvenile prisons (Children Tried as Adults). The statistics presented in the research show lack of efficiency of the adult system for juveniles, as it is rather harmful to their psychological and physical state.

Overall, the system is not suitable for youth and leads them to commit more crimes. Moreover, young prisoners regularly observe brutal violence between adult prisoners and have a higher chance of being victims of sexual abuse (Children Tried as Adults). Many expert organizations, such as the American Jail Association, have questioned juveniles ongoing placement in the adult prisons because of the adverse effects they have on these individuals (Children Tried as Adults). The adult-prison system is not adequately suitable for youth criminals, which leads to further convictions due to the inefficiency.

Conclusion

To conclude, violent juvenile criminals have been imposing danger to society for many decades. The ongoing public debate questions whether it is acceptable to try youth offenders within the adult legal system. Thus, the United States implements a case-by-case strategy, where various factors influence whether a minor is going to be tried in juvenile or adult courts. Despite positive intentions, this solution is not sufficient, as it is not functioning correctly. Overall, violent young criminals should not be tried as adults because the punishments are disproportionate. The system lacks long-term rehabilitation programs, and it does not efficiently help individuals change their criminal behavior.

Works Cited

Children Tried as Adults Face Danger, Less Chance for Rehabilitation. The Southern Poverty Law Center, 2013, Web.

Jordan, Kareem, and McNeal, Brittani. Juvenile Penalty or Leniency: Sentencing of Juveniles in the Criminal Justice System. Law and Human Behavior, vol. 40, no. 4, 2016, pp. 387400. APA PsycArticles.

Pettit, Emily. Sentencing Juveniles as Adults is Not Always the Best Policy. American Legislative Exchange Council, 2016, Web.

The accused was true without authorized possession of such drug, the cocaine, this fact, and other particulars are to be set clear in the charge sheet to avoid the particulars being too scanty but to be clear to inform the accused of the charge against him. The smaller bag had a kilo of cocaine, this has a function in the law of evidence. However, it is not easy, if there are facts denied by the accused since the accused does not need to prove his innocence. This is because every case that comes before a court of law has a fact story behind it. Facts out of which cases arise keep happening in the ordinary course of life, the means which can be used to prove the fact that would help.

• .. keep the drugs from being entered as evidence of the trial.
• to get the drugs admitted as evidence of the trial.

They must all be controlled by the rules and principles laid down by the law of evidence.

According to the jury, laws of evidence do not affect the substantive rights of parties but only lay down the law for facilitating the course of justice.

First is the oral evidence

_ _ That NYPD officers, saw a man (Dolce) matching suspiciously at the airport, they then decided to follow him with intention of investigating or find out why the man behaved that way; the accused entered the cab, and was followed by the officers until he was outside the airport. The accused was stopped by the officers who requested to carry a search in the vehicle that he hired. The driver agreed that the search is carried. He was carrying the bags. It is here the officers found a smaller bag in the cab and had half a kilo of cocaine. Dolce did not deny that it belonged to him when asked, and this led to his arrest for possession of cocaine

The evidence is relevant and remains relevant even if it was obtained in the course of search as the court found support in the following observation of Lord GODDARD C.J. in the judgment of Privy Council in Kuruma V. Reginam.

In their Lordships opinion, when it is a question of the admission of evidence strictly it is not whether the method by which it was obtained is tortious, but whether what has been obtained is relevant to the issue being tried

The evidence deals with facts. There was a person (officer) who saw and heard. The condition of the witness mind is good, as it has been said that the state of a mans mind is as much a fact as the state of his digestion. This is a fact that cocaine was at the hand of Dolce.

This fact is not in dispute, as the accused have already admitted the fact that the smaller bag and the cocaine belong to him, and that is why he was in possession. This is a fact in issue. There is a credible eyewitness. The confession to the officer is evidence. Under the Evidence Act, there are two situations in which the confession can be made one before a judge or a magistrate and the other, which is now of interest, is the confession to police which are admitted in evidence when the statement leads to the discovery of a fact connected with the crime. This is as it was in Cockes case and statutes on Evidence, 199 (11^th edition by G.D Nokes 1970). In this case, cocaine was discovered after a confession to officers that the smaller bag belongs to the accused. the confession was made by the accused himself.

The cocaine is itself an exhibit, first, it is a controlled substance and the accused was in possession. It has not been proved through the chemist that it is cocaine; this would be made as a formal or judicial admission and on cross-examination. It would be true and clear and such admissions are by far the best proof of the fact that it is the real cocaine; its weight measured and as a substance is admissible. The evidence would (has) been given by the arresting officer on what they saw, having the cab.

The reason why the officers suspected the accused is that it was their duty within the rules, principles, mechanisms, and state structure to prevent, detect, cope with and control criminal behavior. Crime is a reality of life.

Dolce has pleaded innocent, the criminal procedure rules mustnt deal with detection or prosecution of criminals but suspects and accused persons, but that the presumption of innocence is also a statement of the prosecutions burden of proof. This has now been achieved as there is concrete and admissible evidence. This calls for conviction of the accused or otherwise punishment by law.

Reference List

G, D. Nokes. (1970). Case of Cocks and statutes on Evidence, 199 (11^th edition).

Lord GODDARD C.J. in the judgment of Privy Council in Kuruma V. Reginam.

The Principle of the Law of evidence. DV AVTAR. Central Law Agency 30/D/1, MOTILAZ.