Category: Law

Judging by the history you have read and experienced up to this point in your life , what can you say about how the idea of justice has evolved through time?

Conduct some independent research on the hiring process for three different criminal justice agencies. In a 2-3 page paper, describe the hiring process for careers within those criminal justice agencies.  Include the full name of each agency as well as the agency website. Be sure to include how each of those is similar/different from one another.

Additionally, how do the knowledge and practice of criminal justice research methods impact the hiring process?  Florida Department of Corrections  http://www.dc.state.fl.us, the Marion County Sheriff’s Office http://marionso.com and the State Attorney’s Office http://sao5.org/

Legal Aspects of Law Enforcement. In it you are tasked with examining police liability issues. The case and fact pattern that you are given is that of the police shooting death of Michael Brown in Ferguson, Missouri on August 9, 2014, a case that would become headline news across the country and an impetus for review of police use of force.
The focus of this assignment is to consider whether the facts of the Brown shooting should have lead to Officer Darren Wilson being held legally liable for Brown’s death. For this assignment you have the fact pattern directly excerpted from the U.S. Department of Justice investigative report and the case of Tennessee v. Garner which is the seminal case concerning law enforcement use of force. Bearing in mind that police officers are bound by Constitutional protections, the Fourth Amendment in this case, as well as case law (such as Garner), liability may attach to officers who act improperly, unlawfully or unconstitutionally. This means that officers can be charged with crimes for such violations as well as sued in a civil action (Section 1983 of the United States Code) for violations of one’s Constitutional rights and protections.
YOUR ASSIGNMENT is to consider the facts as well as the decision of Tennessee v. Garner as the foundation by which Officer Wilson’s actions will be found proper or improper and write a response arguing whether (in your opinion based on the facts and the Garner decision) Officer Wilson violated or did not violate Michael Brown’s rights and whether Wilson should or should be held liable for a crime or civil damages. Also, you are to consider whether there are things that could be done to reduce police liability in such situations where force may or is required (consider training issues, methods of interacting with the public which might reduce the need for use of force, different types of appropriate force which may have been used to protect both Brown and the officers, etc.)

In the United States, there are exceptional rights called fundamental rights under the 14th Amendment of the Constitution. The Supreme Court has held through due process and equal protection that to restrict those fundamental rights, the government must have a “compelling governmental interest.” Some fundamental rights, like the right to free speech, are listed in the Bill of Rights, but others are not expressly written in the Constitution. Rather, they have been interpreted through constitutional construction, which you learned about in Week 1. Those rights include the right to privacy, marriage, procreation, and interstate travel. A law restricting these rights must be narrowly tailored and will be evaluated by the Supreme Court with strict scrutiny. It is an issue of substantive due process if the law denies a fundamental right without adequate justification.

 

• Select a fundamental right. Then, think about how the fundamental right you selected is rooted in the Due Process Clause in the Constitution.

 

• Identify and explain the fundamental right you selected. 
• Explain how the fundamental right you selected is rooted in the Due Process Clause in the Constitution. Be specific and reference this week’s Learning Resources.

locate a landmark U.S. Supreme Court case and draft a case brief. Go the following website (www.cornell.edu) and locate the following case: Gideon v. Wainwright.

Write a 1-2 page case brief utilizing the sample case brief in chapter one of the textbook as a guide. Please note that you do not need to include the concurring or dissenting opinions in your brief. Be sure to cite any outside sources used in your work, and follow APA guidelines.

Explain Rawl’s theory on law of people with evidence – detailed account of his theory explaining how and why
Assess to what extent his theory is true? Persuade the reader by providing example or evidence for this and point out flaws and counter argument
Critically analyze using other theorists who have argued against and for Rawl’s theory on laws of people

The National Black Police Association has said that forces are still “institutionally racist”, which was the central damning finding of the MacPherson Report in 1999. Critics of the police say that as well as the ranks being too white, police discrimination leads to minority ethnic people being more likely to be subjected to stop and search than whites, which damages confidence and trust in the police.

Discuss.

 

 

1. Advocate for nursing values, and to shape the healthcare delivery system
2. Understand the legal and political determinants of the healthcare
3. Examine the effect of contemporary regulatory obstacles to advancing nursing practice, healthcare delivery, and outcomes.
4. Advocate for policies that improve the health of the public and the profession of nursing

1. Should the separation thesis between the Jus Ad bellum (right to go to war) and Jus in Bello (IHL rights in war) be maintained?
2. How should one assess the impact of the ‘martens clause’ in the interpretation of the IHL?

3. Does the principle of distinction serve humanitarian and/or military goals in armed conflict? Or are there better alternatives?

4. New Weaponry and IHL: Does Non-lethal Weaponry Comply with IHL?

5. The rules of distinction require that a key separation be made between a wealthy civilian financier of the war effort and the young conscript soldier. Attacks are not permitted on the former but are permitted on the latter. Does this achieve the right balance in modern warfare and why/why not?

6. The law relating to assessing proportionality relies upon evaluating dissimilar considerations – does this advance humanitarian and/or military goals. What reforms, if any, would you suggest?

7. Does modern IHL invite non-state actors, who cannot possibly win (in the conventional sense) in an armed conflict with modern military forces, disincentive to comply with its requirements? If so, what reforms would you suggest? Or if not, what factors inform your answer?

8. Should the law relating to proportionality and the obligation to take all feasible precautionary measures oblige countries to use precision guided missiles/munitions regardless of their costs and availability within an immediate area of operations?

9. The ICJ determined that nuclear weapons were scarcely reconcilable with principles underpinning IHL, yet refused to declare that they were unlawful in all circumstances. What is your view of the legality of nuclear weapons under the tenets of IHL and how do you reconcile this with the ICJ’s decision in the Nuclear weapons case?

10. How does IHL and International Human Rights Law (IHRL) intersect? Do all IHRL rights apply? Should they? How useful is the lex specialis rule in this area? What should be the appropriate way IHL and IHRL apply to a battle space/area of occupation?

11. Is the current framework of IHL sufficient to deal with cyber warfare?

12. On the whole, do you believe that IHL has been a positive force in ameliorating violence in armed conflict? What are the strengths and weaknesses of this body of law?