Court Systems Paper Essay Example | Topics and Well Written Essays - 1250 words

Court Systems Paper - Essay Example This is the system that protects us from chaos. We need to know more about it so that we can understand who we truly are as a people. One of the most significant court cases in recent years was the OJ Simpson trial which took place in California. This was a criminal case, involving an allegation that Simpson had killed his wife and her friend (Hunt). The difference between a criminal and a civil case is very important and is the result of burden placed on the accuser. In the criminal context, the accused must be found guilty beyond a reasonable doubt. In a civil suit, they must only be found guilty on a balance of probability. Criminal cases are usually brought by the People, as represented by a prosecutor. This happened in the OJ Simpson trial. In this case there was a jury who found Simpson not guilty. The defence and prosecution both make their cases before the jury, trying to convince the twelve people sitting there that they are right and the other side is wrong. Some court case s are very exciting, like the OJ Simpson trial, because they involve a lot of human passions (Cotterill). In the Simpson trial, television cameras were also permitted into the courtroom to televise the proceedings. This was something that hadn't really happened before. People get excited about the adversarial nature of the proceedings, which is something that is different than in other countries, where a more inquisitorial, or judge-directed proceeding, occurs. How did we come to have this system? In part, the courts were created by Congress and the Founding Fathers. Today, Congress has a lot of power over the system. As one site remarks: Congress has three other basic responsibilities that determine how the courts will operate. First, it decides how many judges there should be and where they will work. Second, through the confirmation process, Congress determines which of the President's judicial nominees ultimately become federal judges. Third, Congress approves the federal courts ' budget and appropriates money for the judiciary to operate. The judiciary's budget is a very small part — substantially less than one percent — of the entire federal budget (US Courts). There are a number of elements that go into the proper administration of justice in the United States. Indeed, there are so many elements that it is impossible to describe them all here in one place. One of the most important and preliminary issues is that of jurisdiction. Who should hear a matter and where should they hear it? If you commit a crime in another country, American courts will not concern themselves with it. They do not have jurisdiction over the matter. Likewise a court in Detroit does not care what happened in Orlando. There is also the matter of the level of the court. The Supreme Court, for example, is an appellate court and hears appeals. You cannot sue someone in the Supreme Court. Making sure that a court has jurisdiction to hear a case is a very important issue fo r lawyers. Making this rookie error is sure to get your case thrown out. The system exists as it is for a reason. The Constitution lays out the jurisdiction of the federal courts as follows: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and

Social Bond Theory and Deviant Behaviour

Social Bond Theory and Deviant Behaviour Social Bonds and Deviance Deviance is a term used to describe behavior that goes against the established social and cultural norms. The concept of deviance is complex because norms vary considerably across groups, times, and places. Essentially, individuals commit deviant behavior when society defines it as such. Within the field of criminology, a number of theories exist that attempt to explain why some people engage in deviant behavior, while others abstain from it. One of these theories is Travis Hirschi’s, social bond theory, which eventually becomes the blueprint for subsequent control theories. This paper will analyze aspects of social control theory and social bonds, for the purpose of seeing if they can deter deviant behavior. Social control theory focuses on how the lack of close relationships with others can free individuals from social constraints, which in turn allows them to engage in delinquency. Unlike most criminology theories that claim to explain why people offend, control theories of fer the justification for why people obey the rules (Cartwright, 2013). Social control theories focus primarily on external factors and the processes by which rules become effective. Followers of this theory believe that deviance and crime occur because of inadequate constraints. This theory also examines the lack of control a person has in relation to society and explains how deviant behavior occurs in proportion to the strength of one’s social bonding. For the most part, social control theory assumes a shared value or belief in social norms. Therefore, even those who break laws or violate social norms, share the general belief that those rules should be followed (Cartwright, 2013). Thus, the essence of social control theory is explaining conformity and the process through which people are socialized to obey the rules. The first mentions of social control theory can be found in the works of some of the Enlightenment thinkers and can be traced to the Chicago School (Cartwright, 2011, p. 207). For example, Thomas Hobbes, an English social philosopher who wrote about external restraints and the role of government in preventing deviance, can be seen as one of the roots of this theory. Hobbes argued that humans had an inherent tendency toward evil and were constrained only through social contracts and agreements with people. More often though, the origin of social control theory is connected to Emile Durkheim, who is a French sociologist and is considered as the founder of sociology. Durkheim views crime and deviance as social facts that are present in all societies and even considered crime as â€Å"normal† (Cartwright, 2013). Durkheim thought that, â€Å"social controls were necessary if individuals were to understand the boundaries between acceptable and unacceptable behavior† (Cartwrig ht, 2011, p. 207). In his view, crime serves the function of identifying boundaries for behavior, which are recognized collectively in communities and reinforced by negative societal reaction. As a result, social order is maintained to avoid disapproved association with deviant acts. Eventually, Durkheim’s theory of integration and regulation becomes the basis for Travis Hirschi’s social bonding theory, in which criminal behavior is accounted as a result of weakening social bonds. Although Hirschi was not the first to propose a social control theory, his research published in the, â€Å"Causes of Delinquency† (1969), established him as the leading social control theorist. However, it is important to note that his social bonding theory exists, for the most part, as a result of the work done by his social control theory predecessors (Hirschi, 1969, p. 212). Terence Thornberry elaborated upon Hirschi’s control theory and Durkheim’s view of crime in society, in order to create a more accurate model for describing delinquency. He agreed with Hirschi that all humans are born with deviant motivation and that if social constraints are absent, people will naturally engage in deviant behavior. However, Thornberry argues that the weakening of social controls would not necessarily result in delinquency. In other words, according to Thornberry’s interactional theory, the absence or weakening of social control is a necessary, but not a sufficient condition for delinquent involvement (Cartwright, 2011, p. 229). Laub and Sampson’s turning points theory was also rooted in Durkheim’s views, Hirschi’s social bond theory and Thornberry’s interactional theory. Laub and Sampson’s theory concluded that some social events may change delinquents from a path of crime and this event is called a turning point. Closer to the present time, Bouffard and Petkovsek conducted a study which explores the process through which social bonds work to restrain offending criminal behavior. This was primarily based on Hirschi’s social bonding theory and looks at the decision to drive drunk. All of the above mentioned theorists are intricately connected through their theories, which are based on some aspect of their respective predecessors, and their view that all individuals are bonded to society. Hirschi’s, social bond theory, looks at how delinquency is the result of weak or broken bonds between the individual and society. He states that there are four aspects of the bond, and their relationship between each other, that affect our connection to society (Cartwright, 2011). These four are: attachment, commitment, involvement in conventional activities, and lastly belief in wider social values. Hirschi defines attachment to others as the degree to which we admire others and feel affection for and identify with them. Forming secure bonds to other human beings, foster traits like empathy and respect. If a person is able to experience empathy, that person will be far less likely to engage in criminal acts that would result in someone being harmed. Attachment is especially important when it comes to the person’s parental figures. According to Hirschi, other attachments, such as school, also play a tremendous role in conventional society (Hirschi, 1969, p. 215). Next i s commitment, which can be described as the personal investment of an individual, in things such as educational or career goals, and the perceived losses suffered by involvement in deviant behavior. A person is far less likely to commit deviant behavior when they have invested too much energy and time into pursuing a goal. A sense of commitment is a grounding force that gives individuals a reason to conform to socially accepted norms and goals (Hirschi, 1969, p. 216-217). Involvement refers to the level of one’s participation in social activities such as volunteering, jobs, or attending church. There is an inverse correlation between the amount of time an individual participates in conventional activities and the amount of time they have to deviate. Therefore, involvement in activities serves to both further an individual’s bonds to others and leaves the individual with limited time to be involved in deviant activities. Finally, belief refers to an individual’s trust in society’s moral system. The individual must believe that the rules and laws are necessary and should be obeyed. A lack of belief in the system can cause individuals to be more likely to engage in deviant behavior (Hirschi, 1969, p. 217-219). Hirschi views these four aspects of social control as highly interrelated and together they form the foundation of the social bonding theory. Thornberry’s Interactional theory attempts to combine social structure, social control, and social learning theories. He began with aspects of Hirschi’s version of control theory and Ronald Akers’s social learning theory, in order to create a more integrated theory to explain delinquent behavior. He called his theory, â€Å"interactional† because it was based on the premise that crime and deviance is the outcome of interactions between an individual and his or her environment (Thornberry, 1987, p. 232-233). Thornberry selected three concepts from Hirschi’s theory (attachment to parents, commitment to school, and belief in conventional values) and two from Akers’s theory (association with delinquent peers and delinquent values) (Cartwright, 2011). The significance of this theory is that it examines the developmental changes across three stage of adolescence: early, middle, and late adolescence. During childhood and early adolescence, attachmen t to the family is the most important determinant of whether a youth will adjust to society’s rules and be shielded from delinquency (Thornberry, 1987, p. 242-243). By mid-adolescence, the family is replaced by the world of friends, school and youth culture. In adulthood, a person’s behavioural choices are shaped by their place in conventional society and in their own family. Additionally, this theory asserts that at different ages, different influences become more important for the individual (Thornberry, 1987, p. 246, 248). This theory further states that individuals with weak social bonds will form other bonds with delinquents who share the same values. Laub and Sampson developed a theory of age-graded informal social control. They predicted that those who have more social capital, quality marital bonds, and stable employment in adulthood are more likely to abstain from committing more crime, through what the authors refer to as turning points. The key component of this theory is that delinquency and crime have an inverse relationship with an individuals bond to society (Cartwright, 2011). As an extension of Hirschi’s social bond theory, Laub and Sampson discussed the concept of attachment and commitment. The most notable difference between age-graded informal social control theory and social control theory is that the former acknowledges that crime is not â€Å"necessarily stable over the life course† and that criminals can change into â€Å"normal, law-abiding adults† (Cartwright, 2011, p. 258). Laub and Sampson find that attachments or social bonds in adulthood increase some individuals social capital, leadin g to desistance from most types of deviant behavior. Furthermore, they found that antisocial behavior in childhood has a strong likelihood of continuing through adulthood across a variety of life domains. So, individuals who become attached to other people will increase their self-control and, constraints in the form of job or marriage can prevent those with low self-control from offending (Laub and Sampsons, 1993, p. 269-270). Laub and Sampson argue that the start of a criminal career occurs early in life, but emphasize that even with an established criminal career; delinquency can be interrupted during the life course. Specifically, Laub and Sampson found that kids who were involved in deviant behavior, changed for the better because they experienced an event that pulled them out of their criminal lifestyle and into a more conventional pattern of behavior. They refer to these points of interruption as turning points. Such turning points include military service, employment, and ma rriage which create social capital. This social capital then represents investment in society and will restrain deviant behavior (Laub and Sampsons, 1993, p. 272-273). According to this theory, social influences on crime can directly and indirectly, affect trajectories of crime across the entire life course. In Bouffard and Petkovsek’s paper, they tested Hirschi’s social bond theory and the impact social bonds have on crime, specifically focusing on the decision to drive drunk. Their prediction for the outcome of the study is as follows: individuals with lower levels of social bonding will not care about the severity of negative consequences involved in drunk driving behavior and these ratings of severity will decide whether an individual participates in drunk driving (Bouffard and Petkovsek, 2013, p. 5). Each participant in the study was asked questions to test the social control theory. These questions focused on attachment to the family, belief in conventional values, and religious involvement/commitment (Bouffard and Petkovsek, 2013, p. 8). From the results, they found that concepts discussed in Hirschi’s social bond theory, did in fact affect deviant behavior. Those individuals with greater social bonds were found to be less likely to drive drunk, whereas those with less social bonds had a greater likelihood of driving drunk (Bouffard and Petkovsek, 2013, p. 17). The results of this study indicate that the concepts described in Hirschi’s social bond theory actually do have an effect on the deterrence of deviant behavior. Personally, I do believe that aspects of social control theory and social bonds can deter people from engaging in deviant behavior. It is not difficult to believe in any of the aforementioned theories, especially Hirschi’s components of social bond theory (attachment, commitment, involvement in conventional activities, and belief in social values), when there are many accounts of the life stories of major criminals out in the media. Most, if not all, serious crimes (murder, kidnappings, etc) are committed by people who grew up with bad parental figures, and strongly believed that they had no place in conventional society. This tied in with Thornberry’s concept of developmental changes across various stages of adolescence. When these individual do not have a significant attachment to family during their childhood, they have already begun rejecting some of society’s rules. This coupled with Laub and Sampsons assertion that social bonds increase an individualâ€℠¢s social capital which in turn restricts deviant behavior, almost guarantees a path of deviance for that individual. Furthermore, as Bouffard and Petkovesk’s study showed, social bonds really do have an effect on some types of deviant behavior. As previously mentioned, the readings have truly convinced me that social bonds play an integral role in the decision to participate in deviant behavior. References Bouffard, J.A., Petkovsek M.A. (2013): Testing Hirschis integration of social control and rational choice: Are bonds considered in offender decisions? Journal of Crime and Justice, doi: 10.1080/0735648X.2013.814547 Cartwright, B. (2011). Social Control Theory and Developmental Life Course Theories. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 207-209). Boston: Pearson Learning Solutions. Cartwright, B. (2011). A Control Theory of Delinquency. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 211-213). Boston: Pearson Learning Solutions. Cartwright, B. (2011). Turning Points in the Life Course: Why Change Matters to the Study of Crime. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 258-260). Boston: Pearson Learning Solutions. Cartwright, B. (2011). Toward an Interactional Theory of Deviance. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 229-231). Boston: Pearson Learning Solutions. Cartwright, B. (2011). The Origins of Social Control Theory Part 1. Retrieved from online tutorial site: http://media.pearsoncmg.com/pcp/1256315303/tutorial6/tutorial6.html Cartwright, B. (2011). Life Course and Developmental Theories Part 2. Retrieved from online tutorial site: http://media.pearsoncmg.com/pcp/1256315303/tutorial7/tutorial7.html Cartwright, B. (2013). â€Å"Social Control Theories.† Criminology 104 Lecture, retrieved from Simon Fraser University on-line lecture site. Hirschi, T. (1969). A Control Theory of Delinquency. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 214-228). Boston: Pearson Learning Solutions. Laub, J., Samspon, R. (1993). Turning Points in the Life Course: Why Change Matters to the Study of Crime. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 261-282). Boston: Pearson Learning Solutions. Thornberry, T. (1987). Toward an interactional Theory of Delinquency. In B. Cartwright (Ed), Sociological Explanations of Crime and Deviance (pp. 232-257). Boston: Pearson Learning Solutions.

Harry Potter and the Prisoner of Azkaban Essay -- Harry Potter and the

Harry Potter and the Prisoner of Azkaban Harry potter and the prisoner of Azkaban is an excellent book. Out of ten stars I would rate this one an eight because it was to short. Once you get into it and finish it. It seems so short, because it is so interesting. Harry Potter and the prisoner of Azkaban starts out with a bang. In the beginning Sirius black a Man accused of thirteen murders in one night escapes from Azkaban.( A wizard prison guarded to the tee by dementors, deadly spirits that feast on anything happy. Basically they suck the life out of you slowly until you go mad and lose sanity). Harry runs away on the same night and crosses the man without realizing it. Since Sirius is an ananamugus he is able to turn into a giant black dog which sort of looks like â€Å"death†. When Harry g...

Administrative Policy

The case of Mrs. Kelly and Mr. Eldridge are different in nature. Mrs. Kelly is fighting for her welfare benefits, while Mr. Eldridge is fighting for his disability benefit. Under the same point, they are both claiming that the terminations of their benefits were made without giving them the opportunity to undergo a â€Å"pre-evidentiary hearing†, which they both believe is a deprivation of their rights to enjoy the benefits of due process of law.While both of them are entitled to be given pre-evidentiary hearing, but the nature of their benefits, and the circumstances that they are fighting are totally different. Mr. Eldridge’s case can be easily won; it only requires an effort of collecting medical information, as the case itself tackles disability benefit eligibility, Compared to Mrs. Kelly’s case, Mr. Eldridge has lots of options for proving his eligibility.On the other hand, Mrs. Kelly’s case requires a deeper type of inquiry to prove her eligibility. However, under both are entitled to be given due process. But the court had prioritized Mrs. Kelly’s case as it requires broader scope of study compared to Mr. Eldridge. The court just wants to set priorities on their caseloads at hand. Under the Goss v. Lopez, and the Ingraham v. Wright cases, again the weight of the interest and the liberty which is at stake is given higher value. In the first case, there were two major areas which are considered. First, students are entitled to avail education at schools. Second, expulsion, suspension, or any disciplinary actions imposed by schools can have an effect on the morality of the student.Considering these two points, the school can’t impose disciplinary actions to students without pre-evidentiary hearing, because the degree of risk associated with imposing penalties is very high, therefore, it should be cautiously done. On the second case, complainants were fighting against imposing corporal punishment at schools. Imposing physical punishments such as paddling, betting, or forcing students to do shameless activities is against the law.Students have the rights to be protected from such actions. However, this strategy of disciplining students has been traditionally applied by the school. Although this also involves degrading the morality of the students, or inflicting physical abuse, but this is still different from the Goss v. Lopez case.The first case was characterized by imposing suspension, or expulsion, therefore, the student’s right to avail the right education is suppressed. But in either case, the presence of pre-evidentiary hearing is required; however, this is again another issue of prioritizing caseloads at the hands of the courts. Pickering and Nurse Churchill’s cases differ in nature. Both employees were entitled to their rights to speak about their opinion. However, Pickering’s allegations are more viewed as an issue of public concern. The nature at which Mr. Pickerin g spoke of his idea is more reasonable and formal in nature, he wrote it in address to the people whom he wants to question.But Churchill’s case was somewhat like spreading rumors or hearsay. Mr. Pickering’s case can be easily protected under the rights to speech while Churchill has more complexities.All cases have good grounds on due process recognition. However, the aspect of how it can be processed under their claims requires more effort which the courts and other judicial system prioritize in terms of the validity of its claims and the level of interest and liberty of the different parties at stake.

Midterm study guide

The field of Organizational Behavior (B) Is performance-oriented. 2. Mary Foulest was opposed to Tailor's lack of specific attention to human needs and relationships In the workplace. 3. Individual performance Is the foundation of organization performance. 4. African-Americans are one of the fastest-growing groups in the U. S. Employee workforce, as are Asians and Hispanics. 5. A new industrial era began in the United States around the time of the Civil War. 6. A major goal of Capos is to treat its employees and customers with integrity, honesty, and commitment. 7.The formal and modern study of management started around 1900. 8. In 1886, an engineer named Frederick W. Taylor presented a paper on scientific management at a national meeting of engineers that was titled â€Å"The Engineer as an Economist. † 9. Tailor's major thesis was that maximum good for society can come only through the cooperation of management and labor In the application of scientific methods. 10. Managers must deal simultaneously with the Internal and external aspects of organizational behavior. 11. J. M. Curran and W. Edwards Deeming, In the sass's, introduced the Importance of quality to the public. . Managers derive power from both organizational and individual sources. 13. A psychological contract is unwritten agreement between an employee and the organization that specifies what each expects to give to and receive from the other. 14. One of the most powerful influences on individual performance is an organization's reward system. 15. Power is the ability to get someone to do something you want done, or to make things happen the way you want them to happen. 16. Measures of satisfaction include employee attitudes, turnover, absenteeism, tardiness, and grievances. 17.Common hysterical symptoms that are related to stress Include: Insomnia, excessive perspiration, nervousness, or irritability. Other answers may also be correct, such as overeating, weight gain, weight loss, nail ball ing, or headaches. 18. Describe the findings of the Hawthorne studies. Chapter 2 1. Organizations can achieve effectiveness only when employees share values. 2. The acceptance of unequal power differs across countries. 3. In countries in which people display high power distance, employees acknowledge the boss's authority and typically follow the chain of command.Although culture can't be seen, it can be ensued or felt through employees' attitudes, emotions, and perceptions. 5. The Southwest airlines approach is to hire for attitude and train the skill. 6. Research indicates that a majority of managers have had at least one mentoring relationship during their careers. 7. The values, norms, customs, and rituals of cultures are Influenced by politics, religion and language. 8. Hypotheses five value dimensions are power distance, Individualism, uncertainty avoidance, masculinity, and long-term orientation. 9. The concept of uncertainty avoidance refers to the extent to which