The Batson doctrine holds that: Answer | | peremptory challenges based on race by the defense are unconstitutional | | | prosecutorial peremptory challenges based on race are unconstitutional | | | the use of 'content' questions is unconstitutional | | | peremptory challenges may not be limited to less than five by state statute | 1 points Question 4 1. When a right is granted in a case by the Supreme Court it is usually referred to as a(n): Answer | | landmark decision. | | | issuance of legalis. | | | writ of certiorari. | | | mandate of precedence.
People would want their interests to be protected by law, through various sets of rules. In this case interests can be referred to as a person’s rights. Therefore the law is there to protect a person’s rights by imposing a corresponding duty on the other party so that they are bound in law not to interfere with those rights. Interests and rights are not always easy to define so inevitably, the interests of an individual and those of the majority may sometimes become conflicted. Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic.
His views on life tenure and judicial reviews were split upon the framers and intimidated anti federalist, but it is the most methodological way to deal with the separation of powers and prevent different branches from overpowering one another. Although I agree with his claims that the Judicial branch is the least dangerous, because the lack of direct involvement and inability to initiate a change, I believe that without the Judicial branch, the separation of powers would be missing a key feature to prevent a tyranny. Without the Judiciary, it would be easy for the government to take advantage of their powers and overrule the
Despite the United States of America’s right to vote, a handful disagree that this freedom is properly applied. Henry David Thoreau’s “Resistance to Civil Government”, states, that the American government does provide avenues for change for dissenters, but these are often too slow and unreliable. Voting, for instance, is not as effective as Americans like to think. Thoreau affirms, “The character of the voters is not staked. I cast my vote, perchance, as I think right; but I am not vitally concerned that that right should prevail.
To back this, it’s said that these steps do not always work in every situation. The direct rebuttal to this is that it’s better to negotiate that to do sit-ins and marches. However, King counters that rebuttal by stating that while he opposes violent tension, there’s a type of constructive, non-violent tension that is necessary for
However the other two will check the one wanting to exceed thus, balancing out the power and securing citizens from a dictatorship type of government. Another reason would simply be when he states, “If men were angles, no government would be necessary.” In other words since we are not angles but are men if we had power in our hands we would abuse it. Then he continues that even though the powers are shared and are equal the government should still be able to control not only the people but, themselves. This will only help protect the people’s individual rights including the minority. In the end he says that in order to have a balanced government the majority must agree on justice.
Two of the many concerns within this topic are those of conflicting duties and agent motivation. The former is often couched in terms of a tension between a duty of loyality to the company that one incurs as an employee and a duty to society in general. one incurs as a citizen. The latter issue raises the question of whether or not the whistleblower's reasons for acting are self serving or properly moral. Write an essay that addresses both the question of whether or not there can be genuine cases of conflicting duties giving our dual role as both employee and citizen and takes up the issue of how a whistle blower's intentions relate to the differences between utilitarian and kantian ethical intuitions.
A firm structure is provided by there being an absolute theory,which does create less confusion when part-taking in decision making although the natural law does depended on a hierarchy, a greater power that is, a posteriori as no one is actually sure of its existence as there is not proof, only probability of the existence. A final criticism of why Natural law is not the best approach to Decision making is natural law removes the ability to make decisions freely, you are forced to think of whether you decision will be moral or approved of by the higherarchy, which does not appear to be the best way to chose how to deal with situations not matter how important the decision you make is. In conclusion, it is clear that natural moral law is not the best approach to Decision Making- a process through which the individual ‘seeks a solution’ to a problem or a
Consider what is meant by justice. Discuss whether English Law achieves or fails to achieve justice Justice is an entirely subjective concept, largely depending on political affiliation, and previous experience of the legal system. Similarly to law, there is a vast amount of documentation providing different definitions and different theories of justice but is best described as what one believes to be the fairest course of action for both parties. In order to achieve justice, countries institute a legal system of some sort. Sir John Salmond defined law as “a body of principles recognized and applied by the state in the administration of justice”.
When a law does not seek to understand the circumstances, it is difficult to ascertain if a person is guilty of breaking the law. By flexibility one must not misunderstand that laws enforced will be subject to change depending on who the individual is, rather it will remain same for everyone. But the nature might undergo change subject to the right understanding as to why the law has been over ruled and if the reasoning is a plausible one, to be forgiven. By flexibility, one must not misunderstand that the enforcement of laws will be subject to change depending on who the individual is. The laws will rather remain the same for everyone but the