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.
Ethics are defined as an internal duty (Tunick, 1992). Because laws are defined by social reasoning through individualist ethics and ethics are influence through individualism, personal reason becomes a part of both the law and ethic and the duty becomes both internal and external. Counseling decision-making is determined by both personal and social reasoning of the law and ethics. Understanding both the legal system and the code of ethics in relationship to decision-making with the field of counseling
Running head: Final Project Essay: 1) PA260-02: June 19, 2015 Unit 9 Assignment Kaplan University Final Project Essay PA260-02: Criminal Law Professor Wendi Cline Final Project Essay Introduction: Law- making, as practiced by both the legislature and the judiciary, carries implicit beliefs about human society. It is concerned about social organization, and the concepts of powers and rights are defined in the context of allocation of finite resources, and the less definable concepts of dignity, equality and entitlements. The law, maybe defined as the universal discipline of virtue impressed in the heart and mind of human beings to guide them in the exercise of their rights. In other words, it must be a choice which will prove to be correct in the light of the experience and inner convictions of the law- maker or the judge who interprets the law. 1).
QUESTION 1 SMITH/JOHNSON/DANFORTH/BUCHANAN The prosecution wants to introduce the following items into evidence: * The “Pay/Owe Ledger” of Danforth * Agent Buchanan’s Testimony of Sally’s reaction to a photo. * Officer Smith’s testimony of what Johnson told him regarding Danforth. Hearsay/Nonhearsay. Hearsay is an out of court statement offered to prove the truth of the matter asserted. LEDGERS FOUND IN DANDFORTH ‘S VAN - HEARSAY/HEARSAY EXCEPTION A search incident found a variety of drugs and other paraphernalia in Danforth’s van as well as a ledger, according to the facts, that document the amounts and types of drugs sold and to whom these drugs were sold as well as what monies were exchanged.
An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment. The Oxford English definition of justice is ‘the administration of law or some other authority according to the principles of just behaviour and treatment.’ Just is also defined as ‘morally right and fair’ and ‘appropriate or deserved.’ Many philosophers have tried to define justice and their theories can be divided into three main areas, Justice as Harmony, Distributive Justice and Utilitarianism. Socrates and Plato theorised Justice as harmony. They said that a person’s souls has three elements; reason – the mind responsible for making decisions, spirit – human will responsible for carrying out decisions and desire – emotions that need to be controlled. They believe justice is achieved when all of these elements fulfil their functions and work in harmony.
According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices. After understanding that the Constitution lays the ground work for the established legal system as we know it. Along with the guidelines that are followed lawfully ethics and values plays a role in how laws are followed and interpreted. Different laws address different issues and pertain to specific areas. Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior.
What is the difference between “civil” and “criminal” asset forfeiture? Criminal asset forfeitures are items that directly involve a person that has been convicted of a drug related crime. These items must be part of the case during the indictment. Civil asset forfeiture is where property is used in drug related activity. The property is part of the guilty party and innocence is irrelevant.
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
Deontology theory is the third theory that pertains to ethics. According to Boylan, “Deontology is a moral theory that emphasizes one’s duty to do a particular action just because the action, itself, is inherently right and not through any other sorts of calculations—such as the consequences of the action.”(2009) Furthermore, the utilitarianism theory unlike the deontology theory states that an action produced by the decision making process should be based on “principle”-meaning the
The criminal justice system is made up of several components, one of them being criminal law. In order to understand criminal law, students must look at where it originates from and what the purpose is. Students must also understand that there are different types of law: criminal, civil, administrative, case, and procedural. When violating laws, particularly criminal laws, there can be differenttypes of offenses and their severity can fluctuate. Crimes have features and elements that must be met in order to prove that an actual crime has been committed.