Friday, November 29, 2019

Parole and Truth in Sentencing Paper free essay sample

Parole is defined as the early release of an inmate from a correctional institution under supervision. It is a sentencing strategy that progressively returns offenders to society to lead productive lives. Parole is often an incentive for offenders to behave while in prison and can act as a stimulus for positive behavioral change. Parole is based on the idea that an offender can gain early release through good behavior and self-improvement. The conditions of parole are based on an offender’s criminal background and the circumstances of the offense. Both of these are taken into consideration when considering what type of restrictions and special conditions that should be placed on the offender. The general conditions of parole are based on state statutes and are fixed. While on parole, an offender is required to periodically check in with a parole officer who oversees the parolee’s parole and ensures all of the conditions are being met. We will write a custom essay sample on Parole and Truth in Sentencing Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Parole officers may visit parolees at home or at work and can do so unannounced. While on parole , an offender must obtain a job within 30 days and continue to be employed throughout their parole. This is based on the idea that having a job reduces the likelihood that an offender will repeat offend. A parolee is prohibited from leaving the state unless with the permission of the parole officer and courts. The goals of truth in sentencing laws are to restore truth in the sentencing process so the public knows how much time an offender offender n. an accused defendant in a criminal case or one convicted of a crime. See: defendant, accused) will serve in prison, to increase the proportion of a sentence that is served in prison, generally to percent, and/or to eliminate parole release as a means of reducing crime by keeping offenders incarcerated incarcerated /in ·car ·cer ·at ·ed/ (in-kahr? ser-at? ed) imprisoned; constricted; subjected to incarceration. in ·car ·cer ·at ·ed adj. Confined or trapped, as a hernia. for a longer period of time, and to c ontrol the use of prison space,often in conjunction with a guidelines system, so decision makers know in advance what the impact of sentencing will be on prison populations. An argument frequently made by supporters of truth in sentencing is that the public is confused and deceived about how much time offenders will serve in prison. For example, in an indeterminateThat which is uncertain or not particularly designated. That which is uncertain or not particularly designated; as, if I sell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst. n. 950. .. Click the link for more information. sentencing state a burglar   One who commits a burglary. (q. v. might receive a sentence of three to five years but be released on parole after serving only two years. The source of this public dissatisfaction goes beyond just the perceived untruthfulness of the sentencing process. At a basic level, it reflects the general public fear of crime. Crime rates rose significantly in the 1960s and 70s, and the publics fear of crime

Monday, November 25, 2019

Legal Process Research Paper

Legal Process Research Paper Free Online Research Papers This legal process paper will cover the scenario of Mark, the candy salesperson obtaining a major account that his company has been trying to acquire, and just before Mark could collect his commission on the sale, he was abruptly terminated. In this paper I will argue both sides as an employer and an employee; because the scenario did not specify the exact reason Mark was fired. There are certain conditions in which Congress would intervene, if employers are overstepping their boundaries. Employee reserves the basic rights of opportunities if deemed qualified by an employer. Therefore, â€Å"Congress has passed employment-related laws when it believes that the employee is not on equal footing with the employer† (Bennett-Alexander, 2007, p.1). Under the Civil Rights Act of 1964, Title VII prohibits employers from discriminating based on â€Å"race, color, religion, sex, or national origin† (Federal, 2004, p.4), however, the conditions does not clearly conclude that this was the reason(s) for Mark’s termination. So based on the inconclusive evidence, I will assume that the termination arrived from other issues. If Mark’s employer has had a set of rules and regulations in course for all employees, including Mark to abide by, then whenever these rules are broken, according to the employer’s standard of disciplinary action, the employer if given a fair warning has the right to terminate its employee. There are several reasons why Mark would have been terminated: misconduct, not abiding by certain code of ethics, theft, being disgruntle, or sexual harassment. Any of these impropriations, can deem reasonable for immediate termination, however, as an employee, you reserve the right to know the reason of termination. As long as the termination was not deliberate done to target Mark as an individual for no apparent reason, then the employer should terminate Mark, if it feels that Mark was in violation of any work misconduct. However, if Mark was specifically targeted discriminated against, then according to the â€Å"Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination† (Federal, 2004, p.4), then Mark have the basis on which to sue for unlawful termination. Mark Richter has the right to file a law suit to get his money, and also file for punitive damages if the employer’s conduct is found to be intentional or malicious. Mark has the right to proceed with his case, and may be awarded in court for punitive damages, along with compensatory damages. Assumptions are made that Mark was terminated for no apparent reasons; therefore, he is entitled to monetary gain from his employer for what is perceive to be wrongful termination. Despite the action, â€Å"there are no Federal wrongful termination law per se, rather there are a variety of Federal laws that, if violated by employers when discharging employees, might constitute wrongful termination† (Wrongful, 2007, p.1). Mark Richter has a legitimate case, which may be applied in civil court or the local court system. However, if his case is denied, then he could appeal it and ask if the case can be viewed at the higher level courts, which is usually the state court. If Mark is also denied at the state level courts, then he can appeal again, and ask for the case to be reviewed at the United States Supreme Court. Since Mark’s case may fall under federal laws, he may have the opportunity to be heard at the Supreme Court, however, at the Supreme Court’s â€Å"discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide† (United, 2007, p.1). The uncertainty of this case has led the argument to be biased on both sides. Mark has a legitimate lawsuit if he was wrongfully terminated, thus he has a basis on which he can sue for unlawful termination under Title VII of the Civil Rights Act of 1964, if his case falls under this federal guidelines. If his case does not fall under federal discrimination guidelines, then his employer reserves the right to terminate him under company policies. References Bennett-Alexander, (2007). Employment law for business: The regulation of employment. Retrieved December 16, 2007, from https://ecampus.phoenix.edu/content/eBookLibrary/content/eReader.h. Federal. (2004). Federal equal employment opportunity laws. Retrieved December 16, 2007, from eeoc.gov/abouteeo/overview_laws.html. United. (2007). United States Supreme Court. Retrieved December 16, 2007, from uscourts.gov/supremecourt.html. Wrongful. (2007). Wrongful termination. Retrieved December 16, 2007, from http://employeeissues.com/wrongful_termination_2.htm. Research Papers on Legal Process Research PaperMoral and Ethical Issues in Hiring New EmployeesTwilight of the UAWQuebec and CanadaPETSTEL analysis of IndiaThe Masque of the Red Death Room meaningsAnalysis of Ebay Expanding into AsiaUnreasonable Searches and SeizuresThe Relationship Between Delinquency and Drug Use19 Century Society: A Deeply Divided EraIncorporating Risk and Uncertainty Factor in Capital

Thursday, November 21, 2019

Public Law Essay Example | Topics and Well Written Essays - 750 words

Public Law - Essay Example This Act covers Great Britain matters on equality powers and has continued to fight for legislation anti-discrimination instead of a single act. This is because of power-sharing disagreements in the government. The equality law has failed since it has only produced a collision between competing equality strands. However, there must be better ways of resolving conflicts between faith-based and sexuality- based equality rights. In this regard, this essay will expound on equality law failure having produced collision between competing equality strands and better ways of resolving conflicts between-faith based and sexuality-based equality rights, in reference to the British case-law and wider international academic debate. British case law and wider international debate The British case law adopts an integrated and unitary perspective of equality law which in enforced by the commission. It also clarifies various definitions of victimization, discrimination and harassment which it applies as well as expands positive duties on public authority in terms of authority. Therefore, equality law having in reference to the new single equality Act in Britain. It will also base on the struggles outcome between competing ideologies and different interest groups. The first generation of British was under formal equality, where it demanded â€Å"that likes must be treated alike†. ... Additionally, the increase of equality and diversity is significant in the sense that it raises questions of conflicts with human rights commission. In this subtopic, the essay will set out general principles, as well as an approach to policy and equality law conflicts. Evidence to be used will be Equality Act 2006 and recent Equality Act 2010 which has established a less or more cross-ground legislative comprehensive framework which forbids discrimination on basis of protected characteristics. This will also include some of the grounds that are covered under the European Law. Power sharing disagreements Power sharing disagreements have evolved quickly within a short episode of time. This subtopic will argue on the ground that power should be shared on both sexes. This issue has imposed a huge debate on courts in regard to British case law and wider international debate which does not contain any direct protection against power sharing agreements. However, it aims at achieving modern ization, harmonization and simplification on equality law. This is in relation to several principles that declare the right to equality in all sexes and equal protection in terms of discrimination regardless of sex. The state gives a full effect on the right to equality in all its activities. Additionally, there must be no hierarchy of equality. The law does not expect women and disabled people to be treated the same way as men. Evidence will be from Discrimination Act of 2008 , British Act. Discrimination challenges Every individual has a right to treated equally and fairly. This sub-topic will explain some of the challenges that indiscrimination offers in reference to the right of individuals to fight for compensation in case of unlawful discrimination in tribunal and industrial

Wednesday, November 20, 2019

Risk Management Program Research Paper Example | Topics and Well Written Essays - 2000 words

Risk Management Program - Research Paper Example Risk is the uncertainty surrounding future outcomes and events, and it is an expression of the impact and likelihood of the occurrence of an event, which is regarded to have the potential of influencing the achievement of the objectives of an organization. For every risk, there are two calculations needed, including its probability or likelihood, and the extent of the consequences or impact. Schwartz  (2014) recognizes that in certain organizations, risk management is used in issues that are predetermined as causative of unwanted and adverse consequences. In such firms, risk is understood in terms of the function of probability of the unwanted or adverse event, as well as the magnitude or severity of the event consequences. Effective application of management requires that the organization develops a risk-management culture, which should support the general mission, vision and objectives of the organization. There should be establishment and communication of boundaries and limits in relation to the acceptable risk outcomes and practices (Pà ©rez-gonzà ¡lez & Yun, 2013). Since the management of risks is directed towards the uncertainty associated with future outcomes and events, it is assumed that all exercises for planning incorporate a certain level of risk management. As a manufacturing company, Nike understands that production innovation, through a sustainability lens, is important towards the achievement of the company’s growth vision, which is independent of the constrained resources. In fact, creation and building of a business that acknowledges and accommodates constraints, as well as thriving through them within the natural setting is the sole way through which an organization can realize growth within the modern world, and this would not affect the company’s ability to succeed in the long term. The transition has been evidently challenging for the company as a

Monday, November 18, 2019

Marketing plane Essay Example | Topics and Well Written Essays - 500 words

Marketing plane - Essay Example In addition, the Unilever top management believes that this sale would assist the company to focus more on its core objectives and to continue to deliver sustainable growth for the organisation. According to Kees Kruythoff, president of Unilever North America, â€Å"as we continue to shape our portfolio to deliver sustainable growth for Unilever, this change will give us the focus to drive growth behind our core foods portfolio† (qtd in Dornbrook). In addition, Unilever plans to generate 70% of its total sales from emerging markets by 2020. Probably, Wish-Bone is less likely to gain a wider market acceptance in emerging markets like China, India, or Russia. Therefore, Unilever decided to sell out its iconic brand to add value to its long term business goals. When Unilever sells their iconic brand, Pinnacle Foods has their reasons to buy it. First, the current market position of the Pinnacle Foods justifies the firm’s decision to acquire Wish-Bone. The company’s well recognised products are used by roughly 85% of the American households, and the organisation holds #1 or #2 market position in 10 of the 12 categories in which it operates. Hence it would be easy for the Pinnacle Foods to increase the American market share of Wish-Bone, which is already a leading salad dressing brand in North America. In addition, the planned acquisition supports the firm’s market expansion strategies. In the words of Pinnacle Foods CEO Bob Gamgort, â€Å"the acquisition of Wish-Bone is a perfect fit with our successful strategy of Reinvigorating Iconic Brands.† (qtd in Dornbrook). He adds that proposed acquisition would benefit the company to achieve cost synergies and to enhance its ability to provide consumers with better meal solutions and recipe ideas. The Pinnacle management also claims that Wish-Bone brand has ‘attractive margins’ and a strong cash flow. The top management thinks that its improved efficiencies on the

Saturday, November 16, 2019

The 1951 Refugee Convention

The 1951 Refugee Convention The 1951 Refugee Convention It is important to know that the UK is one of the signatories to the 1951 refugee convention therefore; when a person asks for asylum in the UK there are in fact asking the authorities to recognise them as a refugee under the 1951 UN refugee convention and they will qualify for protection under the refugee convention if they have a well founded fear of persecution or they may claim under Article 3 of the European Convention on Human Rights (or both), Article 3 of The European Convention on Human Rights stats that No one shall be subjected to torture or to inhuman or degrading treatment or punishment It is important to consider that the UK has responsibility to provide them with accommodation and financial supports because UK is on one of the signatories to the 1951 refugee convention and European Convention on Human Rights. Now a day the majority of debates are against asylum seekers /refugees with some arguments in favour of them. First of all press and politicians are making a negative view on public opinion regarding asylum issue in the UK by inaccurate and offensive use of language to describe asylum seekers, People have little trust in the asylum system, believing it to be out of control, too generous to asylum seekers, and ineffective at removing refused asylum seekers.(Hobson, Cox, Sagovsky, 2008, P.17), When you listen to press or politicians you probably have the impression that the UK is invaded by asylum seekers (See image 1) Headline published in daily Express on 17 December 2002, they should use an accurate terminology when speaking about asylum seekers and immigration, The debate is not concerned with weather asylum is a problem, but how best to tackle it. (Brendon 2003) But the question is; Are asylum seekers really invaded the UK! There are many arguments against asylum seekers and refugees For example: Not genuine refugee, This argument is based on that the majority of asylum seekers are immigrant workers and they are here to steal our jobs but the truth is if they are skilful immigrant workers or unskilful, are likely to take jobs unwanted by the UK population and are willing to work without depending on welfare benefits then they will contribute positively to the UK economy as the UK desperately needs young and skilful workers. They are here for our benefits:Government research then shows that the foreign-born population contributes around ten per cent more to government revenues than they receive in benefits.1 Asylum seekers cannot able to claim welfare benefits and they only get financial support from the central government, most asylum seekers are living in poverty; Single asylum seekers in the UK have to survive on  £42.16 a week while couples without children receive  £66.13 a week. But when they get refugee status or leave to remain in the UK they can claim benefits and most of them are of working age with qualifications and skills. In the short term they might receive support, but in the longer term, most wish to find a job and do not want to live on the UK benefits. Those seeking asylum tend to be aged at least 20 years old, and hence are of working age the moment they start to interact with the welfare state. Contrast this to somebody born in the UK who will spend at least the first 18 years of their life scrounging off the state (in the form of a free education system and various financial child benefits) and it is clear that, over the course of a lifetime, it is much more likely that a successful asylum seeker will end up in credit with the welfare state than the life-long UK citizen. So the welfare argument fails.(Brendon (2003) Crime and Terrorism: It may be true that the crime figures are higher amongst asylum seekers but simple reason behind this is forbidden them to work, most asylum seekers are living in poverty, they get low level of support whilst claming asylum, they only need work permission to contribute positively to the UK economy as the UK desperately needs young workers. Too many foreigners: Some believe Britain is turning to a foreign land but the true is the UK is home to just 3.2% of nearly 9.2 million refugees world wide, in the other words what is wrong with people liking the UK even asylum seekers and refugees broaden and diversify our culture. Tighten the Rules Against Them: Some believe that the government should tighten the immigration rules in order to restrict the number being allowed into the UK, but the best way of reducing the number of asylum seekers in the long term is to reduce numbers of people forced to flee around the world by preventing and resolving conflict and promoting respect for human rights.

Wednesday, November 13, 2019

Flaws In Twains Adventures Of Huckleberry Finn :: essays research papers

Flaws in Twain's "The Adventures of Huckleberry Finn" Mark Twain's novel The Adventures of Huckleberry Finn is by any means a classic. However, there are several flaws. First of all the coincidence that everything happens with in my mind detracts some from the story. The other major problem is that the book seems to drag on and on the closer you get to the end, as if Twain had a page quota to fill and was not worried about the story. The other problem brought up on our hand-out was Huck's lack of seriousness in what was a very serious situation for Jim. As for the coincidence part, it appears most obviously as you read towards the end. For example Huck ends up at Aunt Polly's, and I was thinking, yeah...right those chances are about one in a million. And then after Huck tells Aunt Polly that he is Tom, Tom shows up...uh-huh, I bet. It is things such as those I just mentioned that make it very difficult for me to read a book without becoming frustrated. It is probably because I am used to real life and like it or not real life is just not that perfect. My other gripe was that Twain seems to ramble on and on and on an..... To me it seems as if the story that he was writing became faint shortly after the time when Huck says, â€Å"It's me. George Jackson, sir†(pg. 95). I do have to give him that the feud was interesting filler, but you can only take so much filler. Then when John Wayne (The Duke) and Elvis (The King) come along there seem to be four or five stops along the river that except for one little detail, are the same. Please excuse the jump back, but how coincidental is it that you have a Duke and a King on the same raft in the middle of the Mississippi river (yes I do know they are not really royalty but that does not matter)? Even during all of this complaining I have done I did find humor in such things as when Huck was observing some local â€Å"loafers† and their discussions about borrowing and lending chewing tobacco. â€Å"Here, gimme back the chaw and you take the plug.† (pg. 138). I can just picture four or five guys laying around chewing tobacco with spit/tobacco juice running down their chins, probably in dirty overalls with no shirts on underneath and boots, to complete the look, three or four days of beard waiting to be shaved, and oh yeah, a nice old straw