Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is‚ back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free
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Chapter 7 ROLE AND POLICE DISCRETION • Law Enforcement has matured philosophically‚ administratively‚ and operationally • The “gray areas” between right and wrong or proper and improper are pervasive problems • Our government is one by law not by people • The law does not cover every situations officers may find themselves • In complex societies‚ Law is an indispensable instrument of social control • In a totalitarian society‚ Law is a mechanism of tyranny • In a democratic society‚ Focus
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Table of Contents 1. Introduction – Normative assessment of delegation 1 2. Theory ………………………………………………………………………………2 2.1 The Principal-Agent-Theory 2 2.2 Application of Principal-Agent logics to Bureaucracies 3 2.3 Hypotheses 4 2.3.1 Efficiency 4 2.3.2 Depoliticization 5 2.3.3 Shifting responsibilities 6 2.3.4 Decreased likelihood of policy adoption 6 2.3.3 Control variables 6 3. Methods and data 7 3.1 Data 7 3.2. Operationalization of dependent variable 7
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searches and apprehension‚ detention‚ and imprisonment without any justification‚ based solely on the suspicions‚ or even the whims‚ of government agents. Excessive protections of individual rights would prohibit the investigatory‚ arrest‚ and prosecutorial functions necessary to enforce the laws of society. The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from
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Forms of the death penalty predate historical documentation‚ but it is surrounded by flaws which turn it into a cruel and unusual punishment. Because of these flaws‚ an argument can be made against the death penalty regardless of the moral argument surrounding it. Until issues such as botched executions‚ possibility of innocence‚ and flaws surrounding the trial and choice of sentence are remedied. One of the biggest issues with capital punishment is the possibility that the person being executed
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Issues Related to Law Enforcement Agencies (Police Discretion) By Edward M. Hobbs August 11‚ 2014 Introduction In this unit it is asked that writer analyze one of the listed issues that were provided in the instructions. The paper will attempt to describe the pros and cons of the effects of Police Discretions have on law enforcement. In law enforcement the general public see’s act of an officer showing his discretion as a favor or the officer just picking on that particular
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disciplinary authority and the appellate authority is a discretionary power and the question what is adequate punishment is a question of discretion. According to Black’s Law Dictionary (5th Edition) discretionary power means "one which is not imperative or‚ if imperative‚ the time‚ manner or extent of execution of which is left to donee’s discretion." Discretion‚ when applied to public or statutory functionaries‚ means a power or right conferred upon them by law of acting officially in certain circumstances
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corrections are afforded discretion with regard to enforcing and interpreting the law.” Here I will discuss both pros and cons with regards to the fair administration of justice in the United States. The Police The police are afforded a wide range of discretional powers‚ covering things from deciding whether or to arrest someone to determining disciplinary actions in the workplace. With regards to deciding to arrest someone‚ I can see many reasons why this discretion is necessary. For example
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that police make in relation to law enforcement‚ and discuss both the positive and negative implications of police discretion for the administration of justice. The police play an integral role as ‘gatekeepers’ to the criminal justice system. Discretion is a major factor in the criminal justice system and refers to the choice to do or not do something. The police enforce their discretion in accordance with legislation‚ guidelines and legal precedent. The police make decisions at every stage of the
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police discretion‚ and judicial discretion concerning criminal misconduct. This material reviews the history of policing‚ and the court system. This examination analyzes probable cause‚ police discretion‚ and how these components influence law enforcement and the courts. Additionally‚ this assessment reviews the influence for law enforcement‚ studies police operations‚ and observes various decision-making processes. Furthermore‚ this investigation scrutinizes the judicial discretion process
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