Friday, December 27, 2019
Police Brutality Of Police Officers - 879 Words
Recently police have come under fire for the deaths of many unarmed African American males. This has broken the trust between civilians and police and torn our country apart. People are frustrated about the killings of unarmed citizens and how it seems every officer can get away with killing an unarmed suspect. Back in 1994 a law was passed that required the Federal Bureau of Investigation (FBI) to record date on police involved shooting and deaths by police officers. Except where are the numbers that would show there is an increase in unarmed African American deaths from police officers? The 1994 law requires the FBI to keep record of police shootings across the United States. However, the only police shooting records that could be found on the FBI website was ââ¬Å"Justified Homicide From on Duty Officers from 2008-2012â⬠. So the question becomes where is the data that proves there is an increase in African American deaths by the hands of police officers. With the recent outc ry of ââ¬Å"Police Brutalityâ⬠you would think that the FBI wouldââ¬â¢ve released records or started recording any and all police shootings. Experts say that we arenââ¬â¢t experiencing an increase in police shootings just an increase in media coverage of police shootings. According to a professor from University from Albany who teaches sociology says his research has found that major news agencies have elevated the coverage of police fatalities despite the decrease of police killings according to statistics. AaronShow MoreRelatedPolice Brutality And The Police Officer1772 Words à |à 8 Pageslife was taken by police officers. He was shot 7 times, the last shot to the back of his head is what took this young manââ¬â¢s life. He was a young unarmed black male. Just in 2014 over 1,000 people were killed at the hands of police officers. However, even though police say they are just doing their job, police should not be able to abuse their power, because more cases of pol ice brutality are being captured on cell phones and innocent people are being killed. How you become an officer is by obtainingRead MorePolice Brutality And Police Officers1231 Words à |à 5 PagesThe heated issue of police brutality and police officers violating civil rights has extensively covered media headlines for several years. Hundreds of people are killed every year by police officers, and many of these cases bring up issues of police brutality. More often than not, it is usually a white police officer and an african american offender encounter that sparks media attention. The shooting of Michael Brown in Ferguson, Missouri is just one of these cases that has caused a major divideRead MorePolice Misconduct And Brutality Of Police Officers1165 Words à |à 5 Pagesstructured police forces across the United States corruption, misconduct, and claims of brutality by police officers has been a problem. Police officers who were sworn to protect and serve the people of their communities have been instilled with authority over people. Throughout history anyone havi ng some type of power or absolute authority over another has created controversy. This paper will look into the statements and details of concerns dealing with police corruption, misconduct, and brutality of policeRead MorePolice Brutality : A Law Enforcement Officer4738 Words à |à 19 PagesWhen you take oath to become a law enforcement officer you are supposed to stand by the area that you work within and serve and protect. While working officers are put in thousands of different scenarios. While growing up you are taught proper ethics and values and should know the difference between what is right, and what is wrong. However; many officers break down and realize that being a law enforcement officer doesnââ¬â¢t pay as much as they like. They fall fortune to being greedy, stealing moneyRead MorePolice Brutality : Should Police Officers Keep Their Guns At All Times?1570 Words à |à 7 PagesPolice Brutality ââ¬â Should Police Officers keep their guns at all times? (Police Training.) Police brutality has been a very controversial matter these past few months, with citizens supporting those who claim to be victims, and others who donââ¬â¢t. Though most people have been supporting the victims, some people who donââ¬â¢t can agree that police having guns with them in a simple investigation is a little over done. There are many instances where an officer can be seen, from a citizenââ¬â¢s camera, approachingRead MorePolice Brutality And The United States1479 Words à |à 6 Pages Police Brutality in the United States University of Nebraska Kearney Colton Blankenship Abstract This research paper is an overview of police brutality in the United States. The paper covers what police brutality is and the definition. The information about police brutality is expanded about what is reasonable and excessive use of force an officer can use. Information is included about the thoughts of what the citizens feel about police brutality. Among the white andRead MorePolice Brutality And Crime Brutality833 Words à |à 4 PagesPolice Brutality Police brutality is defined as the use of excessive or unnecessary force by police when dealing with civilians (What Is Police Brutality?). Recently, there have been a surplus of incidents involving police brutality. Cases like Michael Brown, Eric Garner, and Tamir Rice are examples of police brutality. All three of these victims ended up dead at the hands of police. Statistics show that, just this year alone, 1,013 Americans have been killed by cops (Cop Crisis). Social mediaRead MorePolice bruality essay for college class i guess1365 Words à |à 6 PagesPolice Brutality Police brutality occurs daily across America. Police brutality can come in various forms, counting lethal and nonlethal force. Comprehending the exact commonness of police brutality is complex, because of the inconsistency in describing police brutality. The trouble in differentiating among justified and unjustified force. Police interactions often can be misconstrued, or sometimes turned around against an officer. Questionable behavior and complaints against officers can be filedRead MorePolice Brutality And The Civil Rights Movement1738 Words à |à 7 PagesWhile combating police brutality everyday, what really does matter? Despite, the increased attention and actions to remedy police brutality, police brutality is still a prevalent issue in todayââ¬â¢s American society. It has sent critics on both sides of the issue into their corners, as no one really seems to have the answer. Maybe, the reason why police brutality has been so troublesome to alter is because the people trying to alter it are only targeting only the symptoms instead of the infection itselfRead MoreEssay On Police Brutality729 Words à |à 3 Pages Imagine If you were a victim of police brutality and you had done nothing wrong or you didnââ¬â¢t oppose a threat to the officer take a step into the victims shoes. This Is a controversial issue because people around the world are killed or injured because of unnecessary police brutality. There are many reasons why police brutality is bad and how some people might think itââ¬â¢s ok to use police brutality. Police Brutality is a big controversial topic the first reason is, because there have been incidents
Thursday, December 19, 2019
A Trending Lifestyle Cohabitation - 1522 Words
A Trending Lifestyle: Cohabitation Due to the shifts in peopleââ¬â¢s lifestyles, marriage has become less central in society. The traditional precept that a couple should legalize their relationship through marriage before living together has declined these days due to the transformation of peopleââ¬â¢s attitude and thoughts towards the act of marriage. As a result, couples who are not inclined towards marriage have turned to alternate courses in their relationship. One of the most common living styles most young people have chosen is the live-in relationship or cohabitation. It raises the question of whether this lifestyle choice is more beneficial to cohabiters rather than marriage. Although it is a trending lifestyle, the issue is still a social controversy nowadays. Although marriage has been a central factor and gives meaning to human lives, the change in peopleââ¬â¢s lifestyles and behaviors through a long period of social development has resulted in alternate choices such as being single or nonmarital living. As a result, cohabitation has become more popular as a trendy life choice for young people. The majority of couples choose cohabitation as a precursor to marriage to gain a better understanding of each other. However, there are exceptions, such as where Thornton, Azinn, and Xie have noted: ââ¬Å"In fact, the couple may simply slide or drift from single into the sharing of living quarters with little explicit discussion or decision-making. This sliding into cohabitation without
Wednesday, December 11, 2019
Position Paper on Stem Cell Research free essay sample
Stem cell research is a vital necessity for the growth of humanity, especially when it comes to an individualââ¬â¢s quality of life. Due to the fact that stem cells have the power to turn into any different cell type in the body; they have the power to replenish other cells in the body, so long as the animal or human is still alive. When stem cell divide they have the capability of having a specialized function. These functions include: a muscle cell, a red blood cell, or even a brain cell. Stem cells, which are in the blastocyst phase, are able to generate replacements for cells, which could have been lost through injuries, diseases, and everyday life accidents. There is still a lot of research that has yet to be conducted but is hard to go through with because there is not enough funding. There are many ethical and moral reasons for this lack of funding. We will write a custom essay sample on Position Paper on Stem Cell Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, I believe that we are already ââ¬Å"playing g-dâ⬠with all the medical advances. In addition, the basis of the medical field is to improve the quality of life. Many people donââ¬â¢t even understand what a stem cell really is and how it comes about and they are ready to disregard the idea all together. This is why there should be more educational services as well to provide people with the correct knowledge on stem cells and their capabilities. In my opinion suffering from various conditions such as AIDS, Alzheimerââ¬â¢s Disease, Diabetes, Heart Disease, Liver Disease, Muscular Dystrophy, Parkinsonââ¬â¢s Disease, Spinal Cord Injury, and Stroke can be highly treated or even cured if stem cell research is conducted to itââ¬â¢s fullest potential. Also, if the embryonic stem cells would be thrown out anyways and not used why not just utilize its capabilities to help out the billions of people who are suffering with various illness and disease worldwide.
Tuesday, December 3, 2019
Statutory Interpretation Essay Example
Statutory Interpretation Essay Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judgeââ¬â¢s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation, they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. To aid in the Courtsââ¬â¢ application of the law, rules of statutory interpretation have been created; they are literal rule, golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are necessary because the meanings of an Act can be unclear, among other things, and these ââ¬Å"rulesâ⬠are used to make a judgeââ¬â¢s task of reaching a clear understanding of an Act, much easier. I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has. We will write a custom essay sample on Statutory Interpretation specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Statutory Interpretation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Statutory Interpretation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view. As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction. Legal interpretation may be based on a literal reading of a document. For example, when john doe signs a will that names his wife, Jane Doe, as his Personal Representative, his intent to name her the administrator of his estate can be determined solely from the specific language used in the will. There is no need to consider the surrounding facts and circumstances that went into his choice. When the intended meaning of the words in a document is not clearly expressed and some form of guessing is needed to determine the sense in which they have been used, mixed interpretations can happen. In such a case, the words express an individuals intent only when they are correctly comprehended. If John Doe refers only to my wife in his will, the court will have to determine who his wife was at the time of his death. How a lawyer or judge ascertains intent when words are unclear is typically governed by rules of statutory interpretation. The statutes or acts of Parliament may part take of the general uncertainty inherent in the language. Some legislation is not easily interpreted nor understands because of the language construct it has been written in. Language itself is ambiguous. Enacted Laws, especially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation. But the experience of all those, who have to bear and share the task of application of the law, has been different. It is quite often that we find courts and lawyers busy in unfolding the meaning of ambiguous words, expressions and resolving inconsistencies. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. Words in any language are not scientific symbols having any precise or definite meaning, and language is but an imperfect medium to convey ones thought, much less of a large assembly consisting of persons of various shades of opinion. It is impossible even for the most imaginative legislature to forestall exhaustively situations and circumstances that may emerge after enacting a statute where its application may be called for. The function of the courts is only to expound and not to legislate. The numerous rules of interpretation formulated by courts are expressed differently by different judges and support may be found in these formulations for apparently contradictory propositions. Language is not a precise tool. Reason being, words often take their meaning from the given context, words are an imperfect means of communication, words very often have more than one meaning i. e. they can be ambiguous, a broad term may be used in a statute which can give rise to confusion and uncertainty, there may be errors or omissions when the statute is drafted and last but not least new developments in society can make the words used in a statute out of date and they may no longer cover the current situation. In order for consistency in interpreting the meaning of legislation, courts use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation. Different rules of interpretation may be applied and depend upon the nature of the ambiguity and the content in which it arises. They are three rules of interpretation that aid the courtsââ¬â¢ application of the law, the literal rule, golden rule and mischief rule or purposive rule. The literal rule allows that the words and phrases in a statute should be given their ordinary and literal meaning and once the ordinary meaning is clear the court is obligated to apply it even if to do so would result in injustice. Judges may use the extrinsic aid of a dictionary to give words their ordinary meaning. Although there has been a general move away the literal approach in recent years, some judges prefer to start with this method and apply the ordinary meaning of the word wherever possible. A useful illustration of the literal rule in practice is provided by Baptiste ââ¬âv- Alleyne (1970). The legislation under scrutiny in this case was the then Larceny Ordinance Act. The defendant was found outside a house with his hand through a window choking a female occupant. He was charged and convicted of the offence ââ¬Ëâ⬠¦foundâ⬠¦in a building with intentâ⬠¦Ã¢â¬â¢ a provision of Section 29 (d) of the then Larceny ordinance allowed that for a person to be convicted of such an offence, there be clear and unmistakable evidence that he has been, as the section says, ââ¬Ëfound inââ¬â¢ the building. As such Mr. Justice of Appeal, Micheal de la Bastide posited ââ¬Å"he cannot in the courtââ¬â¢s view be said to have been found in the building on a literal meaning or ordinary interpretation of the words of section 29 (d) of the Larceny Ordinance. Therefore in this case the appeal was allowed, hence the conviction was quashed. Analyzing this case we can see how the literal rule is use to the effect of the defendant because taking the literal rule ordinary meaning and assumption which exhibited that once the act or legislation is explicitly understand then the court must apply it, but in this case the defendant was found ââ¬Å"outsideâ⬠the building and not as the intended legislation remedy to which is found ââ¬Å"insideâ⬠in the building, resulting the case being quashed. The second rule of statutory interpretation is the golden rule. This rule provide that if the literal and ordinary meaning of the words of the statute give rise to ambiguity, repugnancy, inconsistency or absurd results which Parliament could not have intended, then the judge may substitute a reasonable meaning in light of the statute as a whole. An example of how the golden rule was used to regulate the absurdity and repugnant result that would emanate from the literal rule being used is in the civil case of R v Sigsworth (1935). Facts revealed that a son had murdered his Mother. As such, the mother had not made a will but, as per rules in Administration of Justice Act 1925, her next of kin (her son-also her murderer) would inherit her respective possessions. No ambiguity in the wording of the Act, but the court refused to let a murderer benefit from his crime. As a result, the judge using his/her discretion to ensure that all is served in the course of justice held that the literal rule should not apply and the golden rule was used to avert a repugnant situation. The third rule of statutory interpretation is the mischief or purposive rule. The literal and golden rule determines what Parliament said. The Mischief Rule is applied to what Parliament meant. The rule was laid down in Heydonââ¬â¢s Case (1584) and provides that judges when deciding cases must consider three factors: * 1. What was the common law before the statute was passed. * 2. What was the problem or ââ¬Å"mischiefâ⬠, the statute was trying to remedy. * 3. What remedy Parliament was trying to provide. The mischief rule may be applied to ascertain the purpose for which the legislation was enacted, by going beyond the actual words used in the legislation. Courts are in a most difficult position in this regard as they do not pass the legislation which they are required to interpret and the court will strive for a sensible meaning to the statute where at all possible. An example how the mischief rule is apply in statutory interpretation is in the case of Smith v Hughes (1960) Prostitutes charged with soliciting on the streets contrary to the Street Offences Act 1958. Defence made that they were inside a building and tapping on a window to attract men (thus not on the street). Despite such, the Court applied the Mischief Rule and found them guilty because the SOA Act 1958 was designed to prevent prostitution. The protections which common law principles of statutory interpretation accorded to are fundamental rights and liberties. Among other rebuttable presumptions that Parliament did not intend to: * invade common law rights; * restrict access to the courts; * abrogate the protection of legal professional privilege; * exclude the privilege against self incrimination; * interfere with vested property rights; * alienate property without compensation; * interfere with equality of religion; deny procedural fairness to persons affected by the exercise of public power. The presumptions are that Parliament is supreme, the highest and of highest importance, acts of parliament should not apply to a dispute/alleged if there was no act in place at the time of its occurrence to make the dispute/alleged crime wrong, acts of parliament cannot deprive individuals of thei r constitutional rights, acts of parliament should not contrast Intl law. These are assumptions judges make, however, they must be examined within the context of respective cases. Judges operate on the basis of these presumptions to ensure accurate interpretation of law. Judicial discretion is inherent in statutory interpretation. The legislature cannot craft statutes to govern every (in) action. Thus, for example, a legislature may prohibit, without exception, the willful killing of another, entrusting the judiciary with discretion to identify exceptions, like self-defense, that existed at common law at the time of the statuteââ¬â¢s enactment. Moreover, when a statute is enacted, the legislature knows that its chosen language may bear more than one interpretation, entrusting the judiciary with discretion to identify the correct meaning of that inevitably ambiguous language. For these and other reasons, judges must exercise discretion when interpreting statutes. The judges interpret the law, and they do this within the cultural context of respective societies. If for example, a strict or literal interpretation of an act may create civil disturbance. The judge will use his/her discretion to ensure that all is served in the course of justice. And the mischief rule as well as the golden rule give judges this discretion.
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