The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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DISADVANTAGES OF PLEA BARGAINING Plea bargaining is a very familiar process in our criminal justice system. Usually‚ the defense is allowed to bargain with a prosecutor to have a defendant plead guilty to a criminal accusation with the hope of getting a lighter punishment. The problem with this immediate approach is that dangerous offenders are pleading guilty to small misbehavior charges and they are keeping a cleaner record than they should have and getting reduced sentence. Plea bargaining is needed
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An important distinction: "Not guilty by reason of insanity" and "diminished capacity" Although a defense known as "diminished capacity" bears some resemblance to the "reason of insanity" defense (in that both examine the mental competence of the defendant)‚ there are important differences. The most fundamental of these is that‚ while "reason of insanity" is a full defense to a crime -- that is‚ pleading "reason of insanity" is the equivalent of pleading "not guilty" -- "diminished capacity" is
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defendant has used the insanity plea as a defense‚ in which they have thought out and did intend on executing the crime as a result of mental illness. Even though some people are right about abolishing this legal defense because some defendant may take this as an advantage and hopefully be declared as not guilty‚ I still believe that the insanity plea is still an essential part of a rational criminal justice system. According to Psychology Today‚ the insanity plea has been used less than 1% of all
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| 2012 | [SHOCKVERTISING] | This project aims to study the concept of controversial advertising along with examples of different ads that have been regarded as controversial. The Ads have been viewed along with brief description of the origin‚ content and the outcome. | Introduction Advertising is any paid form of non-personal presentation and promotion of ideas‚ goods‚ or services by an identified sponsor. It is regarded as an important tool of marketing and communication since it
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INVESTIGATE A RANGE OF ARTWORKS THAT HAVE SHOCKED OR CONFRONTED AN AUDIENCE As values have changed with modern and postmodern thought‚ artists have set to create more shocking and confronting work to distinguish themselves from the rest. Marcel Duchamp was perhaps the first to push the boundaries with his Fountain‚ a urinal in an art gallery‚ which was voted the most influential artwork of the 20th Century by 500 artists and forced his audience to think for themselves. Many artists have followed
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Bargaining Power Model- The Laws of Human Resources Application of the Bargaining Power Model to Evaluate the Outcome of the New York City Transit Employees Strike of 2005 Background: On December 20‚ 2005 the Transport Workers Union (TWU) called a strike in the city of New York after initial talks to resolve issues on a new contract with the Metropolitan Transport Authority (MTA) failed. The strike was‚ “Over wage rises‚ health-care and pension costs and the retirement age of employees.”
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Many of the topics addressed in high school social studies and history classes are controversial. That’s because much of our Canadian past is‚ unfortunately‚ unpleasant and controversial. Planning is therefore integral. Teaching sensitive issues should not be a pedagogical minefield‚ rather it should be viewed by teachers as a portal to critical thinking. Research indicates that exploring controversial issues in high school helps students informed and more active democratic citizens‚ have confidence
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A large portion of society opposes the insanity plea because they believe that criminals falsely enter the plea to be acquitted of a crime. According to the court‚ there is doubt in the defense and their ability to properly diagnose an offender. Psychiatrists may have disparate diagnoses and this takes away from the legal value of not guilty by reason of insanity (Doherty). In past cases‚ the jury is not quick to acquit a criminal‚ due to insanity‚ because of the small chance that the offender may
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