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Government and Law Essays

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Arguments in Favor of Race Based Jury Nullification

Trial by jury in the United States is an indispensable part of due process. David A. Wenner once said that it “is the cornerstone of democracy." In view of its importance in America's criminal justice system, the American Bar Association estimated that the United States accounts for over 95% of all the jury trials in the world even if England no longer relies on the jury trial. Lord Devlin, British law lord, once said that the jury trial is the lamp which shows that freedom continues to live. For the...
7 min

Legal Concepts: Exclusionary Rule, Right to Counsel and the Miranda Doctrine

The Exclusionary Rule is a rule of evidence which prohibits the admission in court of any evidence obtained in violation of the Fourth Amendment. It serves to give flesh and blood to the Fourth Amendment by giving the courts the authority to render inadmissible any evidence obtained illegally by the police officers. It is considered as the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures. Thus, when police officers obtained evidence against the accused without search or arrest warrant, the courts can order that the...
7 min

The State of California is dealing with several issues

The State of California is dealing with several issues. One of the most pervasive is the consistent inability of the State Legislature to produce a budget acceptable to the Governor of the state. This is largely a function of the political parties involved, as the legislature is dominated by democrats and the governor is a republican. When finally resolved in February of 2009, the budget created as many problems as it solved. While it did close a $41 billion dollar deficit (one of the primary goals of the Governor) it...
5 min

Criminal Reaction

Socrates once remarked that man is by nature good. Evil, according to him, is the result of man's ignorance or the lack of knowledge. He added that a man who knows the difference between right and wrong would not intentionally do wrong. Applying this theory to the contemporary society, no man will intentionally commit a crime such as murder or rape or robbery.When a person commits a crime then it is because he does not know any better. When a crime is committed it is because of the limitation and...
15 min

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Theories of Crime Causation

Our present society is at war against crimes. History will show that we have been battling against increasing number of violent crimes every year. Some have proposed the imposition of harsher and stricter punishment as the solution to crime. Thus, the death penalty was imposed and it is still being practiced in some countries. On the other hand, some contended that the imposition of stricter and harsher punishment violates the person's human rights. And so, they argue that stricter and harsher punishment, like the death penalty, has no place in...
9 min

Writing and Analysis Legal Research

Legal Research, Writing, and Analysis are perhaps the most powerful tools of a lawyer. On the other hand, oral communications skills and skills in debate and argumentation inside the courtroom are merely secondary. The reason for this is that the case could be won right from the moment the lawyer is preparing his legal documents, such as his case brief or a memorandum, without the necessity of going to the trial proper.Legal Research, Writing, and Analyses are useful not only for lawyers but for non-lawyers as well. Paralegals may be...
4 min

Why The Patriot Act is Dangerous to Civil Liberties

The United States' war against terrorism is a war that is being waged on behalf of all citizens of the world. It is a fight for freedom, liberty, peace and security not just by the United States alone but by the entire family of nations which adhere to the principles of peace among all nations. Indeed, when several individuals believing that they have a noble cause launched a coordinated and well-planned attack on the United States soil, it was not just an attack against the Americans but it was an...
10 min

Sentencing Recommendation for Pete Smith

The majority of criminals presently experiencing their sentences in society correction plans are criminals convicted of the felony, or minor misdemeanor charges (that is: 1st offender DUI's, petty burglary, drugs, etc) and are commonly composed of folks judged to be of little danger to humanity. The sentencing proposal for Pete Smith is rehabilitation. The meaning of rehabilitation is to bring back to good condition or valuable life, as through treatment and tutoring. This restoring intention is intended for effectively recover illicit wrongdoers and transforming offenders so they will not persist...
2 min

Critique of a Public Speech

In his public speeches, President George Bush often concentrates on the topic of terrorism since this threat is an important issue in American politics these days. One of the recent speeches was his radio address delivered to the nation on August 19, 2006. In this speech, the President outlined the goals of anti-terrorism programs for the foreseeable future, as well as put the national security issues in the context of the recent conflict between Israel and Hezbollah.George W. Bush has always been a good public speaker, able to ignite the...
9 min

Actions to Reduce the Amount of White collar Crimes in Canada

If we will conduct an interview in Canada asking the people on whom they think should be meted the harsher penalty, a person who robs a bank or a person who commits computer fraud. The answer we will most probably elicit from most of the people is that the bank robber should be meted the harsher penalty. This perhaps highlights the Canadian society's problem with white-collar crimes.The term white-collar crime was coined in 1939 by Edwin Sutherland in a speech delivered to the American Sociological Society. He initially defined the...
15 min

The Courts and the Judicial Power

The United States Constitution provided for a policy of separation of powers among its three main branches: The Executive Branch, Legislative Branch and the Judicial Branch. The courts belong to the Judiciary which has the power of Judicial Review. Judicial Review is the power of the courts to render null and void the actions of the executive and the legislative branch if they go against the constitution. The courts also have the judicial power to settle actual and existing controversies involving rights which are legally demandable and enforceable.The courts are...
4 min

Fingerprint Identification

The public and the entertainment industry have always been fascinated with the lives of lawyers, judges, defendants and victims. It is no wonder that since the beginning of the entertainment industry, they have always shown the drama that happens inside the courtroom. They have also shown the drama that happens before and after a courtroom trial.Thus, people are already familiar with courtroom dramas as depicted by John Grisham in his novels like The Summons, the Street Lawyer, and The Client. In television series, the public has seen shows like Boston...
8 min

The Florida Electronic Voting System

The election is an important process in a representative democracy. It allows the general public to choose which among the candidates will represent them either in Senate, House of Representatives or it decides who will sit in the White House as the next president. It is the only process that will determine who is perceived by the general populace as the best candidate for a public office. It is therefore very important that its integrity is ensured. It is also essential that the votes be immediately counted and the results...
3 min

Economics Policies Between a Republican Candidate and a Democratic Candidate

The economic policies of the Democrat and the Republican candidates are seen as very important in helping voters to decide who will be selected as the next president of the United States. Even with the countless candidates, the fact will still remain that the issue will revolve around the money.Since money is such an important part of an average American life, how it will be spent by the government and to what degree will the government will curtail or improve the economic freedom of the American individual is on the...
7 min

The Right To Privacy In Democratic Society

One of the landmarks of every free and democratic society is the right to privacy. Though the right to privacy is not expressly spelled out in the US Constitution, some provisions in the US Constitution recognize an individual's zones of privacy. One of these provisions is the Fourth Amendment. The Fourth Amendment protects the right of the individuals against unreasonable searches and seizure by requiring a search or arrest warrant before a search or arrest is effected. It also requires the magistrate to examine the evidence presented by the police...
3 min
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