Do you believe that the judicial system should be based on holding people accountable for their choices (blame) or probability of future crimes committed? Explain your answer. I believe the judicial system should have this role. It is their job to serve justice and keep society safe. If someone has this problem, they should look for help before its too late.
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
Although, some laws are brutal, they are necessary to keep order in the community and crime at a low. An example to represent a fair law in the code of Hammurabi is, “If he has broken the limb of a patrician, his limb shall be broken.” To put the quote in simpler terms, it states, “If you break a man’s limb he’ll break yours.” This is a fairly honorable law. If a person breaks someone’s arm they should expect a consequence and this is not exceptionally crude. A law such as this one is created to keep balance, peace, and reduce violence. Even though this may seem strict to some; the victim who endured the limb breaking would have to disagree.
Their condition might take an unexpected turn; or they might change their mind about a treatment; or a treatment might have disappointing effects. In these and similar cases, withdrawal of a treatment after trying it will be acceptable legally and ethically. If the team believes that a treatment could do some good, it would be unacceptable not to commence it on the basis of a false fear that it would not be possible to stop the treatment. Special legal procedures are associated with decisions relating to patients in a persistent vegetative state (BMA 2007). Intention Charges of murder and voluntary manslaughter require an intention to kill or harm on the part of the accused.
Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When
Thinking about it more, I realized that hate-crimes legislation doesn't aim to punish the actual crime, but rather the motive (or thoughts) behind it. That's smacks of being more than a little Orwellian to me, besides being something that's very difficult to prove. If someone is continually spouting hateful speech, there's a pretty good chance you can figure out that their motive for a crime might be related to that hate. But what about someone who doesn't give any
The conflicts that are found in the everyday world is in need of open minded, diverse people. Obligation is indeed an efficient ethical perspective with strong ties to doing the fair and just thing. There are times when your obligation to the law might override your obligation to your partners or fellow officers. You have to be willing to abide by the code of ethics set before you which are true and just. In order to work with a diverse group of people you must be able to conform to the moment and the situation being flexible in your actions but conforming to your obligations.
However, there are some types of behaviours such as Strict Liability offences which do not require fault but the defendant is still prosecuted. Fault is established by a combination of Actus Reus, Mens Rea, Defences and Sentencing. The outcome of being charged with a criminal offence is based on whether the defendant is found to be at fault (guilty) as a result he is convicted and sentenced; or he is not at fault (not guilty) and is acquitted; or he is partially at fault which is where the charge is reduced to a lesser offence for example a murder charge is reduced to a manslaughter charge. Firstly, to be at fault, the defendant must have the Actus Reus of the offence he is being charged with. Generally, the Actus Reus must be voluntary and deliberate and if involuntary, he is not at fault.
Police force protects our rights as citizens, enforces the law, and it helps shape a society to make moral and ethical decisions. However, one may argue that the use of police force can be too extreme and that it strips citizens of their rights. This issue leads to an important question, should we expand or reduce the use of police force? According to a news article, “The police can be described as a constituted body of persons that are empowered by the state to enforce the law, limit civil disorder, and protect property” (news.linktv.org). Law enforcement constitutes the part of the policing activity itself.
Why should people obey the law? By covering some of the basic reasons why people obey the law we will grasp a better understanding why the majority of society follows these laws. Some of these reasons that I am discussing can vary from views of morality will for others have certain obligation to obey the law. Pressure We have many reasons that keep us from breaking the laws of society. For some of us we feel a certain pressure or fear of being arrested that keeps us from trying to break laws.