Sources of Criminal Law Essay Example for Free

Sources of Criminal Law Essay A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally, statutes are named through numbers or codes. Example: In Illinois, the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code, ILCS stands for Illinois Compiled Statutes, 5/2-8 specifies the location of the rule. The term, â€Å"Throw the book at you† refers to the book of statutes or book of laws of the state. Throwing the book at you means they are charging you with as many things in the statute book as they can. Statutes define everything we do in government, they are the laws passed by our representatives in congress or the state senate. These laws deal with everything from crimes, to taxes, to how to get a speed bump put in on a county road. Statutes are rules of law enacted by government and can be challenged as violating one or more of your constitutionally protected rights. VS. Common law comes from the old English system of law we copied here in the US. Common law is the practice of enforcing rules we have followed in the past. Common law is defined by cases through the idea of precedent. Precedent is simply applying the same rule that did before. Citing precedent is like saying; â€Å"you did this before, so do it again.† Example: Common law is the same idea as most parents employ with their kids. If you punished one child for biting a classmate by sending them to their room, you will also give your next child the same punishment if they bite a classmate. This is because historically, the punishment for biting was being sent to ones room. Thus, that punishment becomes the common law or common rule. The concept of Stare Decisis adds another element to common law. Just like at your home with your kids, the courts can change the rules on us. However, the only court that can change the rule is the highest court to have addressed the issue. Basically, add chain of command to precedent. Example: If the Supreme Court of the US (highest Court in the entire US) makes a rule: such as the rule requiring all arrested person to be given Miranda rights, NO other court can change that rule except the US Supreme Court. Therefore every state has to follow that rule! Stare Decisis goes further though: If the US Supreme court decides NOT to address that issue and the highest court to hear the case was the Illinois Supreme Court, ONLY the Illinois courts have to follow the rule. This system goes all the way down to the courts in your area. If no courts have ever issued an opinion regarding the issue in the case at the district (trial court) level then they can apply any rule they see fit. How does this work? Statutes say what the rules of law are, Common law or case law defines how they are applied. Example: The constitution is a statute and this 2nd amendment says â€Å"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.† The statute can be read many different ways: Scholars debate whether the right to bear arms is a right you have all the time as a citizen or only in connection with militia service Common law or Case Law defines what the statutes mean. As recently as 2008, the Supreme Court was defining what the words of this statute (2nd Amend.) mean, the Supreme Court held, â€Å"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes† District of Columbia v. Heller, 554 U.S. 570 (2008). Our laws come from both Common Law and are made up by statute: Many of our laws come from common law and are then â€Å"codified† (formally written) into statutes. For example, most rules of evidence in a court room are defined by common law but have been â€Å"codified† into formal statutes like the Federal Rules of Evidence. The concept of hearsay came from the common law of England. Requirements for a criminal Act Statutes define everything about a law. They lay out the Elements of a Crime. Elements of a crime are the specific conditions that need to be satisfied to be found guilty of a particular crime. Elements may include a person’s state of mind or mens rea. For example: to commit the crime of 1 degree murder (every state defines things and terms things slightly differently) most states require that the State prove the accused intended to commit the crime. To do this, some amount of evidence must show that the persons action were not accidental but intentional. Therefore the persons intent is said to be an element of the crime. Other elements of the crime of murder include: a dead body. Motivation or motive is NOT an element of a crime because motive is not a condition that must be met to commit the act. You don’t have to have a reason to kill someone Due Process The idea of Due Process comes from the 5th and 14th amendments of the US Constitution. The 14th Amendment applies the right to Due Process to every state and any law enacted by the states. Due Process is simple. It means that the government cannot take anything from you; not your house; not your liberty; not your life; not a single cent without affording you the right to process of law. Process of law can be very broad; it can mean a criminal trial, an administrative hearing or anything in between. This is why you can contest every ticket you ever get including speeding, jaywalking, or even code violations. This right says no citizen can have anything taken from them by the government without the right to their day in court. References District of Columbia v. Heller, 554 U.S. 570 (2008).

Bay Of Pigs :: American America History

Bay Of Pigs The story of the failed invasion of Cuba at the Bay of Pigs, which is located on the south coast of Cuba about 97 miles southeast of Havanna, was one of mismanagement, poor judgment, and stupidity ("Bay of Pigs" 378). The blame for the failed invasion falls directly on the CIA (Central Intelligence Agency) and a young president by the name of John F. Kennedy. The whole intention of the invasion was to assault communist Cuba and put an end to Fidel Castro. Ironically, thirty-nine years after the Bay of Pigs, Fidel Castro is still in power. First, it is necessary to look at why the invasion happened and then why it did not work. From the end of World War II until the mid-eighties, most Americans could agree that communism was the enemy. Communism wanted to destroy our way of life and corrupt the freest country in the world. Communism is an economic system in which one person or a group of people are in control. The main purpose of communism is to make the social and economic status of all individuals the same. It abolishes the inequalities in possession of property and distributes wealth equally to all. The main problem with this is that one person who is very wealthy can be stripped of most of his wealth so that another person can have more material goods and be his equal. The main reason for the Bay of Pigs attack on Cuba was the change to communism. On January 1, 1959, Cuban dictator Fulgencio Batista fled the country for the safety of the Dominican Republic (Goode, Stephen 75). Fidel Castro and his guerrilla warriors overthrew the old government dictated by Batista. During the next couple of weeks, Castro established a new government and on February 16, he was officially declared premier (Finkelstein, Norman H. 127). The United States accepted this new regime as a relief from the harsh, corrupt, and unpopular government of Batista. Soon after everything settled down, Castro and his men made a rapid move to change their political course. He announced his transformation to Marxism-Leninism and avowed his friendship with the Soviet Union (Goode, Stephen 75). These events upset the United States and there were concerns about Castro becoming too powerful. One reason was the friendship with the Soviet Union because Cuba was receiving armed forces to expan d and improve its army.

Managing Multicultural Teams

Key Issues Cultural differences affect teamwork and the damage often precedes intervention. Proper knowledge is needed in managing these differences, or more damage occurs. Communication plays an integral part in cultural differences. Direct communication can be perceived by some as clear communication, but for others it may be embarrassing. Indirect communication, in turn, can result in miscommunication. Accent and fluency differences can be barriers to effective teamwork, unless team members choose and put effort in learning and using the preferred language of the team. Authority and hierarchy are also regarded highly by some cultures, while others do not. This may become offensive for cultures who regard the chain of command as important. Decision-making style is another factor. Some cultures decide fast, while others drag on. There are four strategies that can be used for managing multicultural differences in the workplace: adaptation, structural intervention, managerial intervention, and exit. Adaptation works when team members are open about the differences and chooses to work around them. Structural intervention is used when team members are resistant to acknowledging and working around their differences. In many cases, this may require sub-grouping. Managerial intervention may be necessary when the managers are needed to be involved so that one culture’s management may resolve the conflict with the other culture’s management, avoiding embarrassment and conflict on not following hierarchies. Exit is a last option, and it may be voluntary or management-requested. It does not help with the difference, but it allows the team to move again with new people. There is no one fool-proof strategy; its use is dependent on the case in hand. When the management discusses multicultural differences with team members beforehand, the team will be able to pull through the job with less problems. When team members are open about the differences and works with them, involvement of the higher management becomes unnecessary and the project becomes easier. Analysis Multicultural teams are essential for many companies, especially those engaging in international deals, but it is an investment that needs careful understanding and management. There are many issues that may arise within teams composed of people from differing beliefs and practices, and communication is only one of these issues. Perceptions on different corporate items such as hierarchy and decision making equally affects the performance of a team and its members. Oftentimes, managers will have to take a stand and face the problem. There are four strategies in which the issue of multicultural team conflicts may be resolved, and the most appropriate strategy depends on the difference that needs to be addressed. Also, the strategy to be used is dependent on how well the team members are willing to participate in solving the problem within the team. In hindsight, problems can be pre-empted by managers when the issue of multicultural difference is discussed beforehand, before the team starts working together. This way, the members will have a foreknowledge of why their members from the other culture is working the way they do. Members should also be cooperative, willing to cope with and understand the differences. This can be solicited by he manager, but it should also be automatic among the team. When culturally-different team members are cooperative and understanding, it is possible for them to co-exist and work their way to the accomplishment of their given tasks.

Their Eyes Were Watching God Character Analysis - 1126 Words

Tryphena Jeyakumar 10th Honors Literature Ms. Cooney, 4th period August 2017 Complex Character Analysis Battles and fights are some examples of conflict in most fictional stories. They can be many different fights, like the epic battle between good and evil, or a kingdom defending their land from enemies. When people think of the word ‘battle’, they may think of climatic sword fights and war. But sometimes, battles can take place inside of a person. Perhaps a character may have conflicting aspirations and desires that may cause an internal battle and maybe result in something catastrophic. Or perhaps a character has opposing personalities that might clash and cause something important to happen. In many works of literature, the writer†¦show more content†¦As she protests against her guardian Nanny’s decision, she says, â€Å"Ah wants things sweet wid my marriage†¦Ã¢â‚¬  (Hurston 24). Janie hesitantly expresses her true feelings about her current relationship to Nanny, and her guardian tells her that love isn’t import ant in the relationship. Nanny clearly wants Janie to have wealth and status in the society, something that Nanny never had for herself. But even after Nanny passed away months later, Janie is doubtful if she will ever get his love. And as she leaves Logan for Joe hoping for a fresh start, her desire for love in a relationship grows stronger. She always thoughâ€Å"Husbands and wives always love each other, and that [is] what marriage mean[s].† (Hurston 21). Janie knows that in her society she will have to submit under her husband, but her dreams of acceptance and love overshadow the negative aspects of being tied into marriage. A new opportunity arises as Janie befriends Joe Starks. To her, he seems like a promising person. Janie decides to marry him, and they move to a town called Eatonville where Joe becomes the mayor. All goes well, but only one thing. Whenever Janie is out in the public, Joe demands that she tie up her long hair, something that would attract attention fr om the others. Janie then finds herself being restrained from speaking out her protests. For many years, she holds back her complaints as Joe establishes himself as a godly figure, and using her merely as a possession to show off. And this is whereShow MoreRelated Comparing Characterization in Alias Grace, Their Eyes Were Watching God, and Fools Crow1290 Words   |  6 PagesAlias Grace, Their Eyes Were Watching God, and Fools Crow      Ã‚  Ã‚  Ã‚  Ã‚   Alias Grace by Margaret Atwood is a novel where the main character Grace is a sort of mystery character.  Ã‚   In the end she is at peace, but there are still many questions about her left unanswered.   Because Atwoods style of writing is informative, yet unclear at the same time, the audience is left to put the pieces of the puzzle that is Grace together themselves.  Ã‚   This leaves the reader guessing about her character.   Two other worksRead MoreAnalysis Of Their Eyes Were Watching God 1477 Words   |  6 PagesNot to Speak In the novel Their Eyes were Watching God, the main character, Janie, faces an inner battle in her three marriages, to speak or not to speak, which manifests itself differently with Logan, Joe, and Tea Cake. 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