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Pros and cons of the process of alternative dispute resolution
Advantages and importance of Alternative Dispute Resolution
Advantages and importance of Alternative Dispute Resolution
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The gist of this lawsuit is to provide healthcare for those in prison with mental disabilities. Not providing the right care violates the Eighth Amendment, fourteenth Amendment, and the Rehabilitation Act. The court 's are trying to fix this problem, Schwarzenegger announced that overcrowding prisoner increased the risk of illness and caused and environmental pollution. The court 's remedy was the Prison Litigation Reform Act, which was assembled by the three-judge court to issue an inmate 's release order, That was not the only remedy the court used to try to fix the problem they also tried to change the prison health care system.
Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
Imagine being eavesdropped by the government, while talking a private conversation. This would make people feel unsafe. Katz, a person who experienced it, went to court because of this. The Supreme Court agrees to hear about 100-150 cases out of 7,000 per year. Cases are brought up to the court by the people filing a complaint or the people think their rights has been deprived by other citizens(USGOV).
The mandatory minimum sentencing law provides a judge with a set minimum sentences based on the charges against the defendant. The minimum sentences are usually extremely long sentences. Judges are not able to reduce the charges no matter what the defense’s argument may be. Normally in court, the defense is able to argue for a shorter sentence, but that is not the case for mandatory sentencing laws. All the power of sentencing lies with the prosecutors in these cases.
There are many amendments that our founding fathers created that help many people in the united states. They created theses amendment to protect the people and also because they seen theses thing happened to many people. The fourth amendment is one of the amendment that helped many people to protect their rights. Also it helps the government from abusing its power.
First Amendment Right is the freedom of speech, religion, and press these are the rights that the prisoners have, but remains a legal challenge. The freedom of religion is a guaranteed right that’s ruled by the courts to allow prisoners the right to pray in the religion of their choice. Different symbols and practices can be restricted due to institutional security. The religion rights are recognized through the Supreme Court to allow prisoners to practice their religion the most important about these case on this issue limited absolute religion freedom and placed the security institution the above right to attend religious services. Freedom of speech and pressed can be modified and granted by the federal law.
Police have faced armed white people that were threatening to shoot and the worst punishment they were given was arrest. While the criminals were yelling threats towards them, the police were trying to calm them down and get them to put down their weapons for even up to an hour long. There has been similar moments with non white people that were unarmed and causing no harm but still the police chose to shoot the offender for the slightest threat. The police need to keep everyone secure no matter what without considering a person 's ethnicity. Police are supposed to be heroes, grant us safety, and end the day with justice.
Over 300 years ago, more than 100 citizens of the colony of Massachusetts were accused of the crime of witchcraft, and many executed. Although this era in history, known as the Salem Witch Trials, lasted only mere months, its impact on the American criminal justice system has lasted until present day. Although both the trials in Salem and modern America are based on a similar justice system, there are vast differences, specifically in the rights of the defense, most notable in the separation of Church and State, the standards of evidence, and the presumption of innocence until proven guilty. The modern American criminal justice system, in comparison to that of the time of the Salem Witch Trials, has changed drastically. No longer is the rule of law based on
They are also willing to come to agreements on how much the defendants are able and willing to pay the plaintiff. This is important for the reason people get nervous thinking about court and because from television that’s how we perceive court systems On the day of February 22nd around 1:30 p.m., my friends Brady, Maxx, Ethan,
The Bill of Rights is the most influential historical document because it is the basis of our human rights. The Bill of Rights was created after the Declaration of Independence was signed in 1776. The Founding Fathers realized that a set of “rights” should be written and approved in order to avoid arguments between citizen and citizen or citizen and government. James Madison took most of the lead when creating this document. He wrote out a list of all the rights that a United States citizen should have.
Social process theory depends on the interaction between individuals and society as an explanation and is also known as interactionist perspective. This theory assumes that everyone has the potential to violate the law and that criminality is not an innate human characteristic but is instead a belief that criminal behavior is learned by interaction with others (Schmalleger, 2012). Social process feels the socialization process that occurs because of group membership is the main way through which learning occurs (Schmalleger, 2012). Social process theory views criminality as people’s interactions with various organizations, institutions, and processes in society (Siegel, 2000). This theory feels that people from all areas have the potential
Incarceration refers to the constitutional deprivation of an offender the capacity to commit crimes by detaining them in prisons. The United States has the highest incarceration rate of any free nation. The U.S incarcerates five times more people than the United Kingdom, nine times more than Germany and twelve times more than Japan (Collier, 2014, p.56). Incarceration has several objectives. One of these is to keep persons suspected of committing a crime under secure control before a court of competent jurisdiction determines whether they are guilty or innocent.
The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
