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Law vs. Justice, 2005.
This paper examines three legal cases to explore the issue of law versus justice.
2,070 words (approx. 8.3 pages), 5 sources, MLA, $ 65.95
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Abstract
This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.
Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe
From the Paper
"Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."
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Law and Justice in Literature and Film, 2004.
An analysis of how the issues of law and justice are presented in works by Martin Cruz Smith, William Shakespeare, Karl Marx, and the film, "Casablanca".
1,275 words (approx. 5.1 pages), 4 sources, MLA, $ 43.95
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Abstract
The 1980?s crime novel, "Gorky Park", by Cruz Smith, Shakespeare?s ?problem? play, ?Measure for Measure,? Marx and Engels's political manifesto, ?The Communist Manifesto?, and the World War II Warner Brothers motion picture, ?Casablanca?, all ask, at their respective narrative and philosophical hearts, the fundamental human question: What is justice? The paper shows that all grapple with the issue of how best to create a truly just society rather than one that is only superficially just. They ask, for example, whether just men and women or a just system of laws produce fair and equitable societies. Also, whether a fair code of laws or good people attempting to do what is right within any particular moral context is more important. The paper shows that, despite having been produced during different times and for different purposes, these four works form a textual unit that may be analyzed as argument by the critically inquisitive reader. Taken as a whole, this package of textual materials argues that the formulaic construction of law and government are meaningless, and the acts of good human beings alone can construct a truly just society.
From the Paper
"Marx and Engels called upon the reader, the member of the working proletariat, to respond to the text out of the outrage of his or her unjust experiences within the capitalist systems. The system must be changed, these authors counsel the reader. However, even these supreme advocates of systemic rather than personal and psychological change, must call forth within the reader a sense of sustained emotional outrage within his or her breast, without which no change would be possible. ?All that we want to do away with is the miserable character of this appropriation, under which the laborer lives merely to increase capital, and is allowed to live only in so far as the interest of the ruling class requires it.? (Chapter 2)"
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Law and Popular Justice, 2004.
This paper explores the relationship and differences between law and the people?s concepts of justice.
1,640 words (approx. 6.6 pages), 4 sources, MLA, $ 53.95
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Abstract
This paper explains that laws reflect, not universal, natural conditions, but particular cultural and social constructions. The author argues that one of the reasons that laws exist is to impose an artificial simplicity and order onto human behavior and human belief. The paper points out that, in a democracy, the law shifts from one era to the next, trying to reflect and create as great a consensus as is possible, but always leaving a large number of people outside of that consensus.
From the Paper
"Let us take a recent example of this. Ira Einhorn, who had been convicted in absentia in 1993 of killing his girlfriend, had fled to France. When U.S. authorities determined that he was living in that country, they asked French officials to allow them to extradite Einhorn back to the United States when he could be retried and sentenced. Both France and the United States have as a part of their culture and their laws a prohibition against murder. However, in France, this prohibition against murder includes executions (which opponents often refer to as state-sanctioned murder). In the United States (at least at the federal level and in many of the states), the legal and cultural prohibition against murder does not include execution."
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Law and Justice, 2005.
This paper discusses law enforcement and how it changed after September 11.
1,575 words (approx. 6.3 pages), 3 sources, $ 62.95
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Abstract
The paper examines a number of issues. Specifically, the paper provides a definition of justice as it pertains to law enforcement and it examines the extent to which justice and American policing co-exist peacefully. The paper also examines the controversy surrounding various police practices in recent years and explores the issue of whether or not 9/11 is wholly responsible for the changes which have taken place. Finally, the paper briefly concludes with what the challenges facing American law enforcement are in the years ahead and what can be done to overcome these challenges successfully.
From the Paper
"Law enforcement in America is inextricably linked with the administration of justice. For example, if law enforcement is weak, then justice will not be served for victims and for their families. The following paper will define justice as it relates to law enforcement and outline three current practices of law enforcement which demonstrate the "successful achievement" of the aforementioned definition. The paper will also examine whether or not all parties would agree with the contention that the above practices demonstrate the proper administration of justice; additionally, the paper will consider the possibility that they may, in fact, lead to injustice. Proceeding onward, the paper will note how law enforcement has changed since September 11, 2001, whether these changes have been positive or negative, worthwhile or necessary and whether or professionals within the field have been concerned by their emergence."
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Equal Justice under Law, 2008.
This paper discusses law and justice in the US, focusing on the US Supreme Court.
1,700 words (approx. 6.8 pages), 7 sources, MLA, $ 55.95
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Abstract
In this article, the writer explores the origins and history of the Supreme Court of the United States. The writer traces the early role of the court in the course of the development of the country. The writer notes that the Court is not without controversy, and decisions made have come to be symbolic of the wrongs of society, and the correction of these mistakes demonstrates the ability of the court to adapt and lead modern thinking. Finally the requirements of how a case is brought before the Court are discussed.
From the Paper
"In the constitutional scheme developed nearly two hundred and thirty years ago, the judiciary was established as one of the three co-equal branches of the federal government. Yet, Article III of the Constitution is surprisingly brief as to the establishment of the structure, duties and make up of a very powerful branch of the government. The court has been left largely to its own devices as how it conducts its affairs and what cases it chooses to hear, given the charge of original jurisdiction over a very few cases, the Supreme Court has become an institution equated with the preservation of civil liberties in our modern society. The history of the Supreme Court is the history of the United States and its struggle to maintain the Republic through a wide variety of challenges and crisis. A focus of political angst and a vestige of last hope for the oppressed members of society, whose imperfect judgment has stood the test of time, and corrected its past errors. With little Constitutional direction, this body has shaped modern society."
"The Supreme Court of the United States has jurisdiction over cases involving Ambassadors and other public ministers, cases of admiralty and maritime jurisdictions, controversies between two or more states, between the state and a citizen of another state and appellate jurisdiction over lower courts."
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Pursuing Criminal Justice through Law Enforcement, 2008.
An analysis of current practices within law enforcement that demonstrate justice within the American judicial system.
2,124 words (approx. 8.5 pages), 10 sources, MLA, $ 66.95
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Abstract
This paper discusses possible definitions of justice in its relation to law enforcement. It particularly discusses how criminal justice is connected to the idea of due process. The paper then focuses on current practices within law enforcement that demonstrate justice. The paper argues that policies and practices created to increase public order or individual rights are frequently seen to diminish that which they were put in place to protect. Finally, the paper discusses how justice as it applies to law enforcement in America has changed since the advent of September 11, 2001 and the direction it will take in the future.
Table of Contents:
Current Practices Demonstrating Justice
Community Policing
Miranda Law
Cross-agency Cooperation
Changes following September 11th
USA Patriot Act
Department of Homeland Security
Airport Security
Future Challenges
Consequences of the Patriot Act
Funding
Racial Profiling
Prediction for Law Enforcement
From the Paper
"Rapidly expanding technologies, including computer networking, the Internet, wireless services of all kinds, and simple access to relatively anonymous forms of electronic communication, signal a new era for the American justice system and more importantly, law enforcement. On the other hand, law enforcement access to high-technology investigative tools has produced enormous amounts of information on crimes and suspects, and the use of innovative investigative tools are beginning to shape many of the practical aspects of the 21st century criminal justice system. Sadly, in my opinion, the criminal justice system of the future will look much like the system we know today."
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Combined Law Enforcement and The Criminal Justice System, 2005.
Investigates the option of combining all the law enforcement agencies under one umbrella organization in the United States.
3,879 words (approx. 15.5 pages), 31 sources, APA, $ 106.95
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Abstract
This paper addresses the issue of the United States combining all police agencies into one national police organization, as well as the consolidation of the criminal justice system, based on the current threats of terrorism and other dangers to the United States. Issues discussed in this paper include the role of the police in U.S. society, duplication of laws (between state and federal statutes), local control of police function, training and education of officers' issues, discretion issues and corruption issues.
Table of Contents
Introduction
Dangers to the United States
Combining of Police Agencies to form one National Police Organization
Effects of Consolidation on the Criminal Justice System
Role of Police in U.S. Society & Jurisdictional Issues
Duplication of Laws (State & Federal)
Training & Education of Officers
Control of Local Police Functioning
Discretion & Corruption Issues
State and Federal Judicial and Correctional Systems
References
From the Paper
"Currently the role of the police in the United States is to protect the community, and maintain order while enforcing the laws that have been written. Further the police are responsible for detecting and preventing crime, arresting individuals that have committed a crime and seeking justice for their victims. Police endure specific training in regards to the laws set for the state and community in which they are to enforce the law. This training not only teaches them how to fight crime but how to maintain the safety of all citizens at all times within their abilities."
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Criminal Justice: Substantive vs. Procedural Law, 2008.
This paper compares substantive versus procedural law and the related concepts of substantive and procedural due process.
1,336 words (approx. 5.3 pages), 7 sources, APA, $ 44.95
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Abstract
The paper discusses and explains the differences between substantive and procedural law and substantive and procedural due process. The paper then examines its applications to policing structures world wide, juvenile delinquency and the American criminal justice and policing system.
Outline:
Substantive vs. Procedural Law
Various Forms of Police Structures Throughout the World
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
From the Paper
"There are varying policing structures throughout the world, including those in Japan that emphasize a more empathetic and rehabilitative policing structure, where police agents are encouraged to take on a more parental role in rehabilitating criminals, to that of a more socialized policing system, as that in China, where crime is addressed under more stringent and directed manners (Weiss, 2000). In Poland, the criminal justice system is described by Weiss (2000) as one that is privatized, represented by "growing state repressive arsenals" where corporations and individuals have more control over security and where policing takes on many different forms, reflecting formal state sanctions throughout regions of Poland (p. 1). This compared with private security firms in China that operate more as "wholly owned subsidiaries of the state Public Security Ministry" (Weiss, 2000, p. 1). Privatization is a model used in many countries aside from Poland, including in Brazil, and is often used to "deconstruct the political and state-organized nature of violent social control" many associate with other forms of policing (Weiss, 2000, p. 1). Many suggest that privatization is the key to promoting less violence, however, there is the possibility of increased brutalization and terror under such systems. "
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Criminal Justice and Restorative Justice, 2008.
An examination of the literature related to restorative justice in the criminal justice system from the years 1996 to 2006.
985 words (approx. 3.9 pages), 4 sources, APA, $ 34.95
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Abstract
This paper examines the content of peer reviewed articles published within a ten-year period, from 1996 to 2006. It focuses on the criminal justice system and its experiences with restorative justice. The paper looks at the values that researchers have that drive investigation during any given period, as seen in the examined articles. The paper also identifies gaps and trends in research during the specified period.
Table of Contents:
Introduction
Purpose
Hypothesis
Strengths/Weaknesses
Methods
Data Collections
Results
Method
Variables - Independent and Dependent
Statistical Analysis/Means/Mode/Median
Conclusion
From the Paper
"Given the evidence provided from this study the researcher finds the following true. Hypothesis (1) - proven true, given restorative justices seems to be the more commonly used tool for rehabilitating criminals in the population specified. Other data collected from the content analysis however suggests hypotheses (2), suggesting less relapse is likely among participants engaged in this form of justice remains questionable. Further research is needed to establish or refute this hypothesis, given changing trends in criminal justice and criminal behaviors in the future. Overall, the researcher argues despite some comments to the contrary, restorative justice, which aims to involve victims in the rehabilitation process and encourages convicted criminals at a young age to rehabilitate and participate in their community, remains an effective form of justice."
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Justice Delayed, Justice Denied, 2008.
An analysis and comparison of Constance Curry's "Silver Rights" and Tim Tyson's "Blood Done Sign My Name".
866 words (approx. 3.5 pages), 8 sources, APA, $ 30.95
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Abstract
The paper compares Constance Curry's book "Silver Rights" to Tim Tyson's book "Blood Done Sign My Name". The paper relates that Curry's work is a tale about the ability of the human spirit to overcome and triumph negative forces of racism and mistrust, whereas Tyson's work, in contrast, is about how South Carolinian blacks, long socially and legally oppressed, eventually used street violence to ensure that the violence done unto them was punished.
From the Paper
"Silver Rights specifically grapples with the complicity of the state's legal system in African-American disenfranchisement. When Title VI of the Civil Rights Act of 1964 was enacted as part of the landmark Civil Rights Act of 1964 it prohibited "discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance" and its implications for student education were profound ("Title VI of the Civil Rights Act of 1964, 2007, U.S. Department of Justice Website). In an attempt to circumvent the strictures of the federal law, the state government of Mississippi passed a "Freedom of Choice" law."
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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, $ 33.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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International Criminal Justice System, 2006.
An outline of a model for a global system of law enforcement and justice.
2,376 words (approx. 9.5 pages), 5 sources, APA, $ 72.95
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Abstract
This paper proposes that an International Criminal Court based upon already existing working models of criminal justice systems could and should be established. Next, the paper examines some of the existing models of law enforcement and explains how they could be expanded and combined in order to create a global system of law enforcement that would supercede the current national systems in operation, rather than be subordinate to them.
Outline
Argument against International System
European Model Already Exists
Lessons from the International Criminal Court
Positive: It Pre-exists Incidents
Negative: It has Limited Jurisdiction
Historically, Global Investigation of Financial
Misdeeds Useful for New Organization
UN Crime Conferences Establish Grounds for Action
UN Already has Mandate
Interpol Already has Experience and Good Reputation
Combine These, Use Facets of Each
From the Paper
"There is a major argument against forming a true international justice agency often cited by opponents, that in creating such an entity, individual states would lose a portion of their sovereignty. However, there are already components of such an agency, from finding and arresting criminals to bringing them to justice, in place. Expanding them, at a time when sending information across national boundaries is instantaneous and universal, seems essential, more essential, in fact, than was the creation of the European Union, once a seemingly impossible concept as well. It was, for example, unthinkable that European nations would relinquish their own currencies in favor of an international standard, at least among those nations."
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Meaning of Justice, 2007.
This paper examines the meaning and the connotations of justice.
1,200 words (approx. 4.8 pages), 8 sources, MLA, $ 41.95
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Abstract
In this article, the writer discusses what exactly justice means and how it applies to a criminal justice professional. The writer explains that justice, as such, refers to a sense of fairness and impartiality, an even-handedness, righteousness, and also objectivity and independence in making up one's opinions. Further, the writer notes that justice is the concept which must predominate when laws are being made, and for a layman, justice would mean that he would be safe and secure in the knowledge that he would be protected adequately by the law, and by the sense of justice that the law must uphold, no matter what. The writer concludes that although justice may have several different connotations, the bottom line is that the criminal has to be punished, and the victim awarded respite and retribution for the crime that he has suffered.
From the Paper
"When one wished to search for the true meaning to justice, one must first decide the method that he wished to use to search for it, because this would provide a rational answer to the problem. The meaning of justice can perhaps be taken therefore, from its use in legal theory, and thereafter, combining it with a concept of ethics. For a criminal justice professional, he would study social control, penal law, criminal procedures, social law, evidence, criminology, victimology, and various other components of the justice system. Each area of study is equally important, and unless all the areas are given equal justice, the professional would not be able to practice law in all fairness. He must be able to implement as many types of justice as are humanly possible in this world, and concentrate on being fair and just in all his judgments of criminal and social behavior."
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Jerome Skolnick's "Justice Without Trial", 2005.
A review of Jerome Skolnick's book "Justice Without Trial: Law Enforcement in Democratic Society".
891 words (approx. 3.6 pages), 1 source, MLA, $ 31.95
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Abstract
This paper summarizes and reviews author and criminal law professor Jerome Skolnick's book on justice in a democratic society. The paper explains the main thesis of Skolnick's book that the first line of defense in the protection of personal safety and property in any democratic society is that of effective law enforcement and then explains why Skolnick see this as inherently problematic.
From the Paper
"Skolnick wrote in 1966 that despite the appearance in the instutitionsal fabric of American society, of a disinterested justice ethic, the systemic focus upon clearance rates in the then-current American policy model of criminal justice encouaged police to merely create an appearnce of doing their job. Police, Skolnick argued when he first wrote the article that became the text under discussion, that the police were pursuing convictions rather than seeking truth at any price. Police were willing to see the innocent convicted, at the price of justice itself, merely to 'do their job' and they thought, to create a more secure society."
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Weaknesses in the Criminal Justice System, 2002.
Questions whether the American criminal justice system has a weak or strong link with other departments.
717 words (approx. 2.9 pages), 8 sources, APA, $ 25.95
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Abstract
In large countries, administering justice is by no means an easy task. This is because there are a great many people, composing a diverse demography amid a never-ending sea of social problems. In order to cope with these problems, criminal justice systems are set up to implement laws that address disorder. But in spite of the criminal justice system being established, intricacies created by social disorder mitigate the efficiency of the laws implemented. In addition to this, there may be other factors, such as malpractice by law enforcers that cause the justice system much embarrassment and dissatisfaction. This paper argues that the American criminal justice system appears to be composed of separate systems with weak links to each other, since they each act almost independently according to the discretion or loopholes in the law. The paper uses a case study to present its argument.
From the Paper
"Another weakness in the justice system is the allowance for law enforcing officers to use discretion. These are actions that are legitimate, but it must be remembered that these actions are allowed because of the fact that if every one had to be judged by the narrow descriptions of the law there would be many more people in jail than there already are. But the problem is that there have been several cases where police discretion has also been used in a negative fashion."
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