The article I am critiquing is entitled “Systemic Obstacles to the Criminal Prosecution of a Battering Partner: A Victim Perspective.” It seeks to explain the criminal justice system related to battered women, from a victim’s point of view. The major issue being investigated in this article is that many women fail to follow through after battery charges are pressed. The major concepts discussed in this article were not well conceptualized. While there was not much that needed to be conceptualized or defined, the researchers failed to explain a term that was used throughout. The researchers commonly used the phrase “follow thorough,” but nowhere in the article did they specifically define what they meant by that phrase.
Although most people agree that offenders of the “king hit” should receive extreme punishments, there may also be other factors to take into account such as, offenders may not be aware of the consequences, prison sentencing is too harsh and alcohol and drugs that contribute for the offenders actions.
This essay will ultimately contend that the Sentencing Amendment (Coward 's Punch Manslaughter and Other Matters) Act 2014 is an ill-founded initiative made by legislators, giving the impression of a powerful Government without truly reducing the violence. Using a close reading of each provision of the legislation in unison with extrinsic materials, this piece will outline the efficacy, necessity and likely impacts of the Act.
Throughout the years, there has been much controversy weather The Three Strike Law is cruel and unjust. Was the intent to get violent repeat officers incarcerated for a long period, or to get all offenders with three strikes off the streets? Within hours, after the law went into effect California had its first offender, arrested while attempting to a steal a car radio and two nonviolent burglaries on his record, a homeless schizophrenic, Lester Wallace, sentenced to twenty-five years. He has been sexually and physically attacked, suffered seizures, developed back problems, and end- stage renal disease. Although within months California reformed the law, the state wont released this dying man. Curtis Wilkerson strolled into a department store,
Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain
There is a current need for the Sentencing Amendment (Coward 's Punch Manslaughter and Other Matters) Act 2014’ (the Act) due to the rising number of incidents regarding a one punch strike that results in death even after the previous relevant acts. Furthermore, it aims to better define the concepts and situations detailed by the previous relevant acts. However, the likely impact and efficacy of this Act is debatable because although it not only amends the previous acts regarding this issue and also seeks to provide adequate punishment depending on the circumstances of the assault, it is not the most prudent or cost effective option. It can be argued that the revised punishments are possibly too severe for circumstances in which there was
In today’s hot topic news there is constant issues with the Stand Your Ground Law. The headlines, television, and social media are overflowing with cases about shootings all around the country. The Stand Your Ground Law creates immunity for an individual who uses deadly force under the belief that he or she is threatened by another person. This law is also called the Castle Rule. Most of the states in the U.S. have adopted some type of form of this law to protect its residents who may feel the need to use self defense in situations where they may feel threatened. This has mainly became a race issue between white police officers and African American citizens. A solution that we can use to help solve a lot of the crimes that associates with the
My opinion of the 3 strikes law is that an unfair law because after 3 offenses or strikes a person can be incarcerated for 25 years. This law incarcerates people for non-violent offenses but also for violent crimes as well. A person’s last offense no matter how non-violent the crime at be sentenced to 25 years to life. The 3 strikes law should only apply to violent offenders because a person should no be sent to prison to serve 25-year sentence for a non-violent crime. I believe this law is effective in crime control because it causes the offender to be cautious of their actions, but it also causes fear to those who committed nonviolent crimes. “Crime rates may really be dropping because potential criminals now fear punishment and are being deterred from crime” (Siegel, Ch. 4-8a). Two-time offenders are more likely to steer clear from crime because of
Federalism is a system where the government entities like states or provinces both share power with the national government. Federalism works by balancing the power of a small reign government such as the states against the power a large government which is the national government with giving both entities some forms of authority. By giving them some powers, this would prevent the national government from have full of control over the country. Dividing the power is guaranteed by the Constitution, to make sure that the national government doesn't ignore the states rights. In the Hammer v. Dagenhart case of 1918, industries were growing and so were the large rise of immigrants entering the United States. These industries needed more workers,
There are many states that have the three strike law, it was first established in Washington in 1993 and other states followed in the upcoming years, some have amended the law so that it applies to more violent criminals, but in the state of California that is not the case. The state of California implements their three strike to offenders who have committed two violent or serious felonies, once they commit a third felony regardless of the nature of the felony the individual is sentenced to life in prison. The problem with this is the great amount of individuals who are being sentenced to life on a none violent felony, for example if an individual has two different felonies for robbery and then gets caught stealing loose change from a car that
The dancers were employees of Circle C. In page 920-921 of chapter 35, it states that the Supreme Court in Community for Creative Non-violence v. Reid, 490 U.S. 730 (1989) articulated thirteen factors in determining under the common law of agency whether an individual is an employee or nonemployee agent. Informally called the “Reid factors”. While the dancers did pay for their own costumes and padlocks, the amount varied from dancer to dancer. One dancer spent a total of 600 dollars per month while another only spent 40 dollars per month. Leading one to believe that this investment isn’t in fact a requirement. For example, most retail stores require it’s employees to dress appropriately for the job. This does not necessarily mean they
I do not believe the three strike law will stop criminals from committing violent crimes. When you think of most violent crimes, they are premediated, they get angry and then they snap, sometimes drugs and alcohol have an influence on this. Someone who is on the edge of breaking, does not think of their consequence of their act at the moment. They don’t even think at the time they are going to get caught.
With my understanding of Tennessee Code Annotated (TCA) 39-11-611 - Self-Defense, Whitlee Jones would not be able to use Tennessee’s “stand your ground” defense under the circumstances outlined in the article, Charleston prosecutors challenge use of 'stand your ground' law in domestic disputes at home (Knapp, 2014).
Reporters rely on sources to provide the news they publish, and those sources might not want to share information out of fear that they’ll get in trouble for sharing it. Privileges in reporter were developed to protect journalists. Reporter 's privilege in the United States is the protection that a reporter has under constitutional law from being forced to reveal their confidential information or sources in court. It may be described in the US as the First Amendment right given to journalists to protect their private sources from being exposed.
Mandatory minimums and three strike laws, are they really the answer to the crime problem America has faced for years? Many would say yes, including me, as long as it is for a violent crime such as murder, rape or arson; some feel that even theft, drug trafficking or possession, and burglary are all worthy of the 25-to-life sentence that can be carried under the mandatory minimums for three strike laws. A three-strike law is a law that states that you will be sentenced to 25years to life for three violations and convictions of a law. Where the three strike laws have mandatory sentences, mandatory sentences aren’t always tied in with three strike laws. A mandatory minimum is a law that requires someone