It simply requires that they “excite disaffection,” a term which the statute specifies “includes disloyalty and all feelings of enmity,” extremely vague terms. Not only that, sedition is punishable by a maximum of life imprisonment. It is also a cognizable offence, meaning that the police can arrest someone for sedition without a warrant. It follows from the above that there have been a number of arrests after loose interpretations of this law. Fortunately, the ratio of convictions to arrests is extremely low, but the chilling effect of this law on free speech is manifold, and instils fear of arbitrary arrested for seemingly innocent
A broken finger is a minor, non-life threatening injury, and could have occurred while the prisoner resisted the officers. If the prisoner decides to file a petition in court, he could use the Whitley v Albers case as a precedent and the eighth Amendment’s cruel and unusual punishment along with excessive force to argue his case. 2. A prisoner was prescribed medications that made him feel unpleasant, but prison officials forced him to take the medications regardless of his protests. This inmate has a case against prison officials
The candidate that choose to talk about is Rand Paul. While I do not agree with some of his policies. I do agree with his stance on criminal justice reform. He would try to create a judicial process for adults to seal their non-violent records. This currently prevents many people from finding employment.
The Dawes act nullified previous land allotments forced upon the Native Americans by the federal government. This new act insured that the allotted land, that the Native Americans were forced to live on and rebuild their lives, will now be given to white settlers. I don’t think this act is fair or just. It’s other process that is trying to get rid of the Native American culture and lifestyle. They’re separating big parts of the region, and making them relocate to a smaller area.
In fact, many states give crime victims specific legal rights, typically including the right to give a victim impact statement at a defendant’s sentencing. That said, it’s true that the prosecution doesn’t always honor victims’ rights. An article in the Houston Press suggests that, at least in one county in Texas, prosecutors are running roughshod over victims’ rights. The article quotes Susan Howley, director of public policy at the National Center for Victims of Crime, recommending safeguards such as requiring the judge to ask prosecutors whether the victim has been informed of a pending plea, or asking a victim to sign a form acknowledging that he/she has been informed of a plea deal.
Racism and gender equality are still relevant issues in Australia today, however, are not as dominant now as they were in 1965. (Dexter B. Wakefield, 2009) The film, ‘Jindabyne’ by Ray Lawrence and the novel, ‘Jasper Jones’ by Craig Silvey are two effective texts that incorporate individuals and relationships in society. Both Ray Lawrence and author Craig Silvey challenge the audiences in relation to how society treats these individuals, emphasising the themes, racism and gender equality. These perspectives are shown through context, characters and themes.
To start with, it can be shown that imposed during the sentencing process are 2 of them effective and ineffective in protecting the rights. For example, the case of R. v. Fernando set a record for the next generation sentencing of Aboriginal offenders. It was thought that Fernando was guilty of wounding his de facto wife. An implication of this case is massive, as it established the principles , which take reduced economic circumstances and a big loss of customer law into account when sentencing indigenous offenders. This, testifying to the of the law, in protecting the own belief of offenders.
The framers of the Constitution set forth the rules regarding individual liberty and justice which citizens are endowed by their creator. However within the modern criminal justice system, certain rights guaranteed by the Constitution have been violated. One such example is the current bail system which often acts in contrast to the Eighth Amendment of the Constitution. With courts often setting large bail requirements that are difficult to meet for accused offenders, the current state of the criminal justice system often denies the accused of their rights under the Excessive Bail Clause. Ultimately the modern bail process within the criminal justice system is one area that is deeply needed of reform.
This argument that will next be discussed, will involve the punishment structure of the two systems. This discussion will examine how the two configurations differ from punishments; this quote can explain how the law differs from the general ways of punishment. " The traditional Aboriginal punishment system is more effective in the case of the traditionally oriented Aboriginal person because the punishments are couched in terms of traditional values and are therefore both relevant and of impact"(Australian Law Reform Commission, 1986, p.68). This shows that systems are completely different in laws, and if it is not recognized then the traditional laws that have been around for centuries will be dismissed and will cause trouble and confusion.
Solitary Madness History has shown many ways that criminals were punished for committing a crime. Some crimes in the past were punished with torturous techniques that were deemed suitable at certain points in human history. However, as time passed, many of those punishment techniques were viewed, by many, as cruel and demeaning, which sparked change in the way crime was punished. Legislation was created to protect the inmate from being punished too severely.
7). Such an idea is evident in Western Australia when mandatory sentencing laws, types of laws within determinate sentencing, were introduced and ultimately, reduced crime. The state government claimed that downward trends in car theft and juvenile convictions were due to the deterrent effects of the determinate sentencing legislation (Roche 2009, p. 4). However, leniency on women’s punishment may undermine efforts of determinate sentencing to deter crime.
The legal definition of a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another person. Torts include all negligence cases as well as intentional wrongs which resulted in harm and are the most heard legal proceedings. Being that torts are various and plenty it must also be stated that a tort can be subjective depending upon the parties involved. Not only can a tort be subjective to the parties involved but also the litigation involved with defining that tort by a court of law is also subject to prejudice by those who may or may not see it as a wrongful act. While tort law may be a valid means of regulation in jurisdictions with established and accessible bodies of common law,
Stare Decisis Examining Hofsherier’s equal protection analysis the majority in Johnson not only held that the analysis was wrong but also concluded that stare decisis did not compelled to court to follow Hofsheier as precedent. In addition, Johnson indicated that Hofsheier’s analysis was faulty, which resulted in a number of sex crimes against minors. The Court referred to these “broad consequences” as the reason why stare decisis should not be allowed in order to correct an error in our constitutional jurisprudence. Stare decisis is one of the most important doctrines for the legal system.
The push for aboriginal rights in the 50s and 60s was an ongoing problem. This caused major riots and other boycotts. The start of the riots was Rosa Parks refusing to give up her seat in order for a white person to sit down. Aboriginals were always second class and didn’t have the same rights as white people. This included not being able to drink from the same public water taps, swim in the same public pools and go to the same schools as well as other significant rules that isolated the aboriginals from the white people.