1. Evaluate the conduct of Peter Lewiston against the EEOCs definition of sexual harassment. According to EEOC it is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, request of sexual favors, and other verbal or physical harassment of sexual nature. From my point of view when I evaluate the case I come to the conclusion that whenever the person feel uncomfortable with the approach and they try to stop the other person, without any luck, it is harassment.
In most cases, after a person has been arrested emotions and adrenaline can play a huge factor in their decision making, resulting in a false statement or confession. Therefore, Miranda Rights prevent any information obtained and questions answered not be admissible in court unless these rights have been read. References Clark, R. J. (2013). In New Jersey What Are My Miranda Rights Really?
However a weakness of the upbringing approach is that it can be considered a reductionist because it ignores biological causes of crime. This can be seen in Sutherland’s theories as he presents one theory, ‘criminal behaviour is learnt’, and Sutherland believes that criminals’ behaviour isn’t inherited or as a result of any other biological condition, ‘without prior influence people are incapable of inventing behaviour’. This theory provides a good explanation for certain types of violent crime, but it cannot be applied to crimes
In other crime types once the intent is created it is followed by the execution of the act. The intent and act is not misinterpreted. In contrast, due to the element of disguise in white-collar crime the intent is blurred and frequently can only be obtained by interpretation. (Stephen Rosoff, 2010) White-collar criminals can only be successful if the victim is ignorant and negligent. Key differences between white-collar crime and other types of crime is that white-collar crime generally requires the victim to comply in being victimized in contrast to murder, robbery, assault or rape.
As mentioned earlier, the Right of Self-Representation is this right to represent oneself as Pro Sea. Presently, courts at all levels of the Criminal Justice system require that the defendant be aware and understand the disadvantages of representing one’s self as most people not practicing law, will not be aware of certain defenses that can facilitate their case. A person going Pro Sea will have to sign a waiver or
Therefore, the executive, legislative, and judicial branch will enforce S.397 to protect firearm industries and our legal system from those attempting to hold them accountable for their criminal or unlawful misuse of firearms or ammunition products. Many people that are injured by firearms or use certain types of ammunition will not be able to hold makers or sellers responsible for the user’s accident or act that resulted in an injury or death. Many lawsuits that were brought to court before the PLCAA were majority criminal cases which resulted with dismissals because the courts believed that manufacturers should be held liable for the acts of criminal cases. Some difficulties or loopholes that can possibly prevent the PLCAA from being enforced is if a consumer or victim claims that the firearm product could have prevented an injury or death if it had specific safety regulations such as:
Marriage solely being between a man and a women is something we have had for centuries, however, due to divorces and newer ways to have a family, our prestigious and “honorable estate” (Bennett 34) of marriage is weakened. By lumping gay marriage with traditional marriage, Bennett believes that the definition of marriage would be further weakened. If we legally allow this union to be a part of marriage, then how could we stop a less legitimate union, like incest or bigamy? Excluding marriage between a man and a woman is not discriminatory towards homosexuals, but it is protective towards our institution of
Even though the accused are thought to be evil they like everyone else have constitutional rights before they are arrested. A crime is defined as “a wrong against society or the public interest” (Davenport, 2009, p. 38). Most of society thinks of a crime as breaking any law that was put into place to protect the people by people and the government. There are many different
Such acts are not vulnerable to guilt as one was forced to repel an attack. As a means of defending oneself, Gardner and Anderson (2011) note, the accused must prove pending danger, which he/she was unable to resist. Additionally, the accused must prove the ability to look for alternative ways of avoiding the act, unsuccessfully. Gardner and Anderson (2011) argue self-defense is relevant in defending oneself, another person and in the defense of property. For instance, if rapists stormed into a house and tried to rape the wife of an individual, the man could defend the wife by shooting them.
In ancient culture, rape was considered a crime against a man’s property, since women were considered possessions and not people. (Cheryl Regehr, 2008) Rape used to be considered a weapon of war. Today, it is a criminal act of war under international war laws. (Charlotte Lindsey-Curtet, 2004) Until 1983, it was impossible for a husband to rape his wife. Today, the law has been amended to extend rights to a married woman, she does not have to have sex with her husband if she does not want to and if he doesn’t accept that answer, he is sexually assaulting her, she is not performing her “wifely duties”.