Discretion is a major factor in the entire criminal process and refers to the freedom of choice to carry or not carry out something. This can be seen in both a positive and negative light as the police and court can both use discretion which can be damaging to either party in court in terms of achieving justice. The role of discretion within the criminal justice system has many advantages and disadvantages in the way it deals with achieving justice for individuals. Discretion can be explored through
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realistic sense rather than a formal one‚ which views law as a set of mechanical and abstract principles. A legal realist approach on law takes into account extra-legal factors which help shape how law is used within a social context. This approach does not view the discipline of law as a literal set of principles to be formally detected and applied‚ but recognizes that the interpretation of law by legal actors is manipulated by situational factors. BrianTamanaha in Law as a Means to an End: Threat to
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Ethical Implications of the War in Iraq: A Consequentialist Perspective The purpose of this paper is to argue that there was no humanitarian cause for the invasion of Iraq. I agree with Ken Roth’s analysis that the war in Iraq was not for humanitarian purposes and I would subsidize my reasoning with Peter Singer’s ideas of utilitarianism and consequentialism. I will first look at Ken Roth’s analysis; secondly I will analyze Peter Singer’s argument and apply it to Ken Roth’s analysis. Finally‚
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Nurses make legal and ethical decisions when caring for patients; decisions that need to be made carefully because the decisions could possibly change a patients ’ life. There are theories to explain how to problem solve ethically and the theories are not based on emotion (Guido‚ 2006). This paper will discuss the relationship between legal and ethical issues and ethical theories‚ examples will be provided. Ethics can be described as principles and standards that are a guide to conduct used to elevate
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CRITICAL LEGAL STUDIES Critical legal study (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and practice. Supporters of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society. The wealthy and the powerful use the law as
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Legal Factors A legal factor is when you can be prosecuted. Statutory law: If you break the statutory law it is a crime. * A law passed by parliament. A new government can bring in new laws – this means that if there is a new government they have the rights to allow a law to pass or can turn down it‚ but it has to be decided through the parliament. * This involves the police‚ if the rule is broken – this is saying that if you break the legislation the police have the right to enter
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ago women were put to a standard and expected to maintain it through everything that they do. When any woman did anything out of the norm then they were most likely ridiculed for what they had done. In his play‚ Oresteia‚ Aeschylus highlights the implications of gender roles in Greek society with the foiling of Clytemnestra by Electra to illustrate the Greek ideals and views of woman in contrast to their men‚ the juxtaposition of Orestes and Clytemnestra as equal in their crime yet differing in justification
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The Conventions of a Gothic Novel: Research Report The Gothic genre has been around for many years‚ beginning in 1764. Horace Walpole‚ an important figure for the eighteenth century‚ is best known as the first author to write a Gothic Novel. Walpole was also responsible for many other things such as‚ the first Gothic drama. Since then‚ many authors have also made a name for themselves in the Gothic genre. Others who have made an impact are Charles Dickens‚ Edgar Allan Poe‚ and Ann Radcliffe.
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1. The case study references one state statute. Identify it and explain what it prohibits. Texas Penal Code Section 42.01(a)(3): Desecration of a venerable object. 2. Which branch of government (executive‚ judicial‚ or legislative) created the state statute? This was created by the Judicial branch. 3. The passage above also discusses one court case. Who were the parties involved in the case? State v Johnson 4. The case was heard by three lower courts before it reached the United
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Issues 1.Does a partnership exist between Ed‚ Jake‚ Charlie and Bella? 2. Are Ed‚ Charlie and Bella also liable for the lawsuit against the firm by their client Mr Laurent.? 2. If so how far responsible are the other partners for Jakes mistake? 3.If no other partner liable‚ what excludes them? 4.Are there any defences to any of the members of the firm from being liable to the lawsuit? Law: Partnerships Partnership Act 1891 (QLD) Nature of Partnership Determination of existence of partnership
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