Introduction
Every state has its legitimate authority over its sovereign territory. Moreover when a crime is conduct over its territory, it is a right to exercise the jurisdiction by the State owning the territory. However other basis of principles for exercising the jurisdiction over the geographical territory of a state exists as such nationality jurisdiction where the state may exercise the jurisdiction because the offender is a national of the state. Or protective jurisdiction over cases where it is threatening the state’s security, then the threatened state may commit the jurisdiction. The universal jurisdiction is the principle where any state, regarding any where when the case is a crime by the international community, while the personal passive jurisdiction implies where a state may take the court over a case when the victim is the nationalist of the state. This paper is going to describe the 5 types of jurisdiction by International Law and the cases that arises as a criminal jurisdiction.
1. Territorial Jurisdiction
Territorial Jurisdiction is a right for every national court where it will always have the jurisdiction over offenses that took place in its territory. The jurisdiction include over
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For example the clear cut of this case is still debatable. The former dictator of Chile Augusti Pinochet was arrested in London in 1998, by Spanish judge Baltazar Garzon’s demand, on charges of human rights abuses, not on the grounds of universal jurisdiction but rather on the grounds that some of the victims of the abuses committed in Chile were Spanish citizens. Spain then sought his extradition from Britain, again, not on the grounds of universal jurisdiction, but by invoking the law of the European Union regarding extradition; and he was finally released on grounds of health. Argentineans Alfredo Astiz’s sentence is part of this juridical
However that isn’t enough to convict someone of murder…or is it? Amanda Knox immediately left Italy for America at the time of her acquittal. She is currently waiting to find out if she will be extradited back to Italy to serve the 28 ½ year sentence she faces. Raffaele Sollecito, while not presently incarcerated is not permitted to leave Italian soil. It seems to me this circus isn’t over
When trying to support my argument about legal doctrines being shaped by race during this time period the case of Korematsu v. United States has to be talked about. At the beginning of WWII President Roosevelt issued Executive Order 9066, giving the U.S. military the right to ban thousands of Japanese-American citizens from areas thought of as critical to homeland security. Thus, setting up ‘interment camps’ to hold the Japanese for the duration of the war. Mr. Korematsu did not follow suit and decided to stay home in the state of California. The upholding of Korematsu’s conviction by the Supreme Court showed not only how threatened the country felt about Japanese immigrants but also put into question how equal everyone truly was in America.
Westover v United States: In Kansas City, Westover was arrested as a suspect in two Kansas City robberies. The FBI received a report that Westover was wanted in California on a felony charge. The night of the arrest and the next morning, Westover was questioned by local police. FBI agents also interrogated Westover for two and a half hours at the station. Westover signed two statements, which were prepared by one of the agents during the questioning, to both California robberies.
English Colonization wasn’t smooth sailing. It began with failure and had almost no organization. Each colony followed the same pattern of Jamestown, a major disaster then a long climb toward a feasible economy and a stable self-government. They used mercantilism as a main way to keep the economy healthy. As this shows, the three colonial regions of the 13 colonies all are very similar.
The Constitutional Defyer The horror of Racism and thousands of deaths. Imagine this being a president of the US. In reality this would be Andrew Jackson the Defyer. These attributes are the description of a disgusting monster.
The Constitution allows the government to “take” private property if it is needed in order to complete certain types of public projects. They do so through formal condemnation proceedings. Projects that can result in this type of action are widening of public roads/freeways, the building of public transportation systems, etc. This “right to take” is established by the 5th Amendment and Article 1, Section 19 of the California Constitution. The official term for this type of action on the part of a government agency is eminent domain.
Early colonial experiences had a tremendous affect on the founder’s view about rights and limited self-government. Accordingly, Thomas Jefferson explained, “ Every man and every body of men on earth possess the right of self government. Jefferson’s view defined the belief of many of the colonists, that government must be representative of the people. In order to be self-governed, the people agreed to charters and developed compacts including: the Mayflower Compact, and the Orders of Connecticut.
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
Federalism Federalism is a system of government in which power is divided between federal government, state government and provinces government. While federalism has many benefits, among them is checks and balances between the federal and state government, thus reducing the chances of one party getting too powerful and abusing their power. Preventing one party from being too powerful and abusing their powers is a good thing. However, it comes with a price that federal and provinces (state and local) governments do not always see eye to eye and agree with each other, which turns into conflict.
Extraterritorial criminal jurisdiction can in many circumstances be a useful and legitimate response to transnational crime. Criminal activity is not always confined to territorial boarders, and so the law may seek to follow the crime to prevent an offender from enjoying impunity. A number of states have included in their criminal legislature provisions allowing for the investigation and prosecution of international crimes, even when such crime is committed outside their national territory and whether or not the perpetrators or the victims are nationals of the state concerned”. The importance of extraterritorial jurisdiction was also seen in the Advisory Opinion of 11 April 1949 – Reparations for injuries suffered in the service of the United Nations. Personnel of the UN were targeted in Palestine which culminated in the assassination of
FREDERICK LAW OLMSTED AND CAMILLO SITTE: NOT AS DIFFERENT AS THEY FIRST APPEAR Harkening from different sides of the Atlantic, two influential urban planners worked to transform the blossoming urban environment of the nineteenth century, albeit with very different approaches. This essay will be looking at the ideals and some of the work of Frederick Law Olmsted and Camillo Sitte. Born within just over twenty years of one and other, Olmsted in Hartford, Connecticut, and Sitte in Vienna, both men had careers encompassing fields well beyond urban planning. Not a planner by training, Olmsted delved into the world of planning when he and Calvert Vaux won the design competition for New York’s Central Park in 1858.
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff).