AQA forensic psychology revision for alevel paper 3.
SLIDE 25 - HOLT EXAMPLE : Holt - significant difference in positive behaviour compared to a non-token group.
For some reason that part wasn't included in the upload.
Navigating Electronic Signature Law In FloridaClientSide
In this presentation you will learn "The 4 General Principles of ESIGN" and the difference between UETA and Electronic Signatures in Global and National Commerce Act (ESIGN).
Firms that have adopted E-Sign Law and Technology in their practice typically have faster client-engagement times, lower overhead costs, a happier staff, and, most importantly, happier clients.
This E-Signatures Laws and Technology CLE addresses the authentication of scanned and emailed signatures, including scenarios specific to the practice of law. The seminar will give you a survey understanding of laws behind electronic signature laws, including the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act; 15 U.S.C. 96) and Georgia’s adoption of the Uniform Electronic Transactions Act (UETA; O.C.G.A. Sec. 10-12-1 et. seq). The seminar further discusses the audit technology you should have in place for digitally received signed documents.
AQA forensic psychology revision for alevel paper 3.
SLIDE 25 - HOLT EXAMPLE : Holt - significant difference in positive behaviour compared to a non-token group.
For some reason that part wasn't included in the upload.
Navigating Electronic Signature Law In FloridaClientSide
In this presentation you will learn "The 4 General Principles of ESIGN" and the difference between UETA and Electronic Signatures in Global and National Commerce Act (ESIGN).
Firms that have adopted E-Sign Law and Technology in their practice typically have faster client-engagement times, lower overhead costs, a happier staff, and, most importantly, happier clients.
This E-Signatures Laws and Technology CLE addresses the authentication of scanned and emailed signatures, including scenarios specific to the practice of law. The seminar will give you a survey understanding of laws behind electronic signature laws, including the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act; 15 U.S.C. 96) and Georgia’s adoption of the Uniform Electronic Transactions Act (UETA; O.C.G.A. Sec. 10-12-1 et. seq). The seminar further discusses the audit technology you should have in place for digitally received signed documents.
MOBILE PHONE & MOBILE TOWER RADIATION HAZARDS Neha Kumar
Presentation by Prof. Girish Kumar -
Council for Fair Business Practices (CFBP) organized a talk on "MOBILE PHONE & TOWER RADIATION" on Friday 24th June, 2011 at 06.00 p.m at the Hall of Indian Merchants Chamber, Churchgate, Mumbai 400 020.
Good developments seem to be taking place post WHO excepts health problems. First time a person from the industry (Former Regional Director, West and South Operations, Indus Towers Ltd.) excepted that radiation from mobile towers lead to health problems at the event.
People were keen to look for solutions for the problem.
CHAPTER 8:
Law and Legal Professionals
Lecture Slides prepared by Cheryn Rowell
*
Administers justiceEnforces rightsIs a tool of behavior changeIs educativeNatural law: Laws inherent in the natural world that can be discovered by reason.Positive law: Laws written and enforced by society.
Law
*
Protection from Harm
Social contract theory holds that people sacrifice certain freedoms in exchange for the protection of society.
How much freedom should be sacrificed?
Only the minimum necessary to protect the liberty of others.
*
Justifications for LawThe harm principle: to prevent harm to persons other than the actor (assault, robbery, arson) The offense principle: to prevent serious offense to persons other than the actor (public indecency or lewdness)Legal paternalism: to prevent harm to the actor (seat belts) Legal moralism: to prohibit conduct that is inherently immoral (gambling)Benefit to others: to provide some benefit to persons other than the actor (toxic waste dumping)
*
Protection From Self (Paternalism)
Laws that prevent people from harming themselves.
Ethics of care: OK—behavior is “good” for the subject even though he or she may not agree.
Utilitarianism: OK—such laws reflect a “public good.”
Ethical formalism: NOT OK—violates the concept of treating all with regard.
*
Paternalism with Restrictions?Should be as limited as possible.
Should only apply if a person is incapable of making a competent decision.
Should seek only to prevent a serious and irreversible error.
*
Protection of Morals (Moralism)The state often makes laws based on moral standards, even though there is no consensus within society about these moral standards.
Some behaviors are defined as “wrong” and are prohibited, although those involved in them are consenting.
Legal moralism may change through time.
The U.S. Supreme Court upheld Georgia’s right to declare sodomy illegal in 1986. In 2003, the same court declared Texas’s law against same-sex sodomy unconstitutional.
*
Paradigms of Law
Consensus paradigm
Society is a community of like-minded individuals who agree on goals important for ultimate survival.
Conflict paradigm
Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest.
Pluralist paradigm
Society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change.
*
Perceptions of Judicial Processing
The Ideal:
The American Justice system is fair and unbiased.
Two equal advocates, with a neutral judge, arrive at the truth.
The Reality:
Most defendants are represented by overworked and/or inexperienced advocates.
*
A “Confidence Game”:
Advocacy a pretence
Individualized justice a pretence
Bureaucratic Justice:
Bureaucratic efficiency supplants goal of justice
Presumption of guilt (plea bargaini ...
Many people are unfamiliar with the American Criminal Justice System, so this presentation condenses primary and necessary concepts for easy comprehension so that all can understand how the system functions and why!
Disclaimer: this presentation was completed for an in-class assignment at Rockhurst University. The "for Dummies" branding is not my own and was simply used as a format for the assignment concept.
Laws of crime is a comprehensive subject taught in Kathmandu University School of Law, BBM,LL.B (4th Semester) students. It will explain the introductory values associated with laws of crime. As crime differs with societies, the values also matters.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
This is a self-explanatory powerpoint lecture with information concerning the NCFCA resolution for 2015. Resolved: That the United States Federal Court system should be significantly reformed.
The Study of Law Currier, K.A., Eimermann, T.E. (2016). Th.docxchristalgrieg
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
• ®Wolters Kluwer
Introduction to the
Study of Law
The study of the law qualifies a [wo]man to be useful
to self, to neighbors, and to the public.
HAPTER OBJECTIVES
- .:....er reading this chapter, you should be able to:
• Explain why it is important to study law.
• Define cause of action and explain why one does not always exist.
• Discuss why enacted law frequently contains ambiguities.
• Contrast mandatory with persuasive authority.
• Use case briefing to summarize court opinions.
• Define stare decisis and explain why it is important.
:TRODUCTION
e designed this textbook to provide you with a general introduction to the
-~e of our legal system. Our main goals with this text are to help you under-
:aad how the American legal system operates and to introduce you to the legal
-=-- · ciples that form the basis of our law in areas such as criminal law, torts,
Unknown
3
• 4 Chapter 1: Introduction to the Study of law
contracts, property, business organizations, and family law. We also designed
this text to develop the critical thinking skills you will need to understand stat-
utes, court opinions, and administrative regulations.
Throughout the text, we illustrate what can often be difficult legal concepts
with references to "famous cases" you may have heard about and to short fac-
tual scenarios we created to illustrate how the law affects people and businesses.
Let's get started by introducing the first two of these hypothetical cases. Keep
them in mind as you read the rest of this chapter and the chapters that follow.
Case 1: The Distressed Grandfather
Approximately one year ago, Donald Drake
and his six-year-old grandson, Philip, were walk-
ing down a residential road on their way home
from visiting one of Philip's friends. Philip was
walking on the sidewalk approximately 30 feet
in front of Mr. Drake. Suddenly, a car sped past
Mr. Drake, seemingly went out of control, jumped
the curb, and hit Philip. Mr. Drake ran to Philip's
side, but it was too late. Philip had been killed
instantly. The driver of the car, Mrs. Wilma Small,
was unhurt. Based on skid marks and testimony
from both Mrs. Small and Mr. Drake, the police
investigation following the accident determined
that excessive speed was the cause of the accident.
Mr. Drake said that at the time of the acci-
dent his only concern was for the welfare of his
grandson because he himself was clear of the
danger. Naturally, Mr. Drake suffered a great deal
of mental pain and shock because of seeing his
grandson killed. While being driven home from
the accident, he suffered a heart attack that neces-
sitated a lengthy hospital stay.
One year later, he sti ...
SUNY Ulster and European Humanities University (EHU) joined forces in a collaborative course module. Here is the series of lessons and the student responses in discussion boards and using Pixton.
Easy and Accessible is the Power of Moodle in our International Online Collaboration.
Working closely with the SUNY Levin Institute, Globalization101.org and SUNY COIL, Instructional Design and International Programs at SUNY Ulster have forged a unique approach to working internationally online. SUNY Ulster and European Humanities University in Belarus collaborated internationally by combining components of media literacy, contemporary world literature and literary analysis with basic ESL composition skills in a Moodle course space. Moodle provides an easily accessible Learning Management System for ALL students, no matter the country, no matter the home LMS.
Easy and Accessible is the Power of Moodle in our International Online Collaboration.
Working closely with the SUNY Levin Institute, Globalization101.org and SUNY COIL, Instructional Design and International Programs at SUNY Ulster have forged a unique approach to working internationally online. SUNY Ulster and European Humanities University in Belarus collaborated internationally by combining components of media literacy, contemporary world literature and literary analysis with basic ESL composition skills in a Moodle course space. Moodle provides an easily accessible Learning Management System for ALL students, no matter the country, no matter the home LMS.
1. CHAPTER 8
Law and Legal Professionals
Lecture slides prepared by Lisa J. Taylor
2. Law
• Administers justice
• Enforces rights
• Is a tool of behavior change
• Is educative
• Natural law: Laws inherent in the natural world
that can be discovered by reason.
• Positive law: Laws written and enforced by
society.
3. • Social contract theory holds that people
sacrifice certain freedoms in exchange for the
protection of society.
• How much freedom should be sacrificed?
• Only the minimum necessary to protect the liberty
of others.
Protection from Harm
4. • Convicted of killing his wife.
• Note left on bathroom mirror rebuking
his wife for not having sex with him
the night before.
• Evidence of extramarital affair.
• Bloody bandana found near the home
—but was suppressed from the
defense.
• Incarcerated for nearly 25 years
before being exonerated due to DNA
and other evidence not shared at
trial.
Michael
Morton
Case
(1986)
5. Justifications for Law
• The harm principle: to prevent harm to persons other
than the actor (assault, robbery, arson)
• The offense principle: to prevent serious offense to
persons other than the actor (public indecency or
lewdness)
• Legal paternalism: to prevent harm to the actor (seat
belts)
• Legal moralism: to prohibit conduct that is inherently
immoral (gambling)
• Benefit to others: to provide some benefit to persons
other than the actor (toxic waste dumping)
6. Laws that prevent people from harming themselves.
Ethics of care: OK—behavior is “good” for the subject
even though he or she may not agree.
Utilitarianism: OK—such laws reflect a “public good.”
Ethical formalism: NOT OK—violates the concept of
treating all with regard.
Protection From Self
(Paternalism)
7. Paternalism with Restrictions?
• Should be as limited as possible.
• Should only apply if a person is
incapable of making a competent
decision.
• Should seek only to prevent a serious
and irreversible error.
8. • Two states have no helmet
law.
• Nineteen states have a
mandatory helmet law.
• Twenty-seven states have
an age requirement for
helmets.
• Two states have an age and
insurance requirement.
Helmet
Laws in
the United
States
9. • The state often makes laws based on moral standards,
even though there is no consensus within society about
these moral standards.
• Some behaviors are defined as “wrong” and are prohibited,
although those involved in them are consenting.
• Legal moralism may change through time.
• The U.S. Supreme Court upheld Georgia’s right to declare
sodomy illegal in 1986. In 2003, the same court declared
Texas’s law against same-sex sodomy unconstitutional.
Protection of Morals (Moralism)
10. • Massachusetts was first to allow same-sex
marriages in 2004.
• Prior to 2012, same-sex marriage was also
legalized in NY, CT, IA, NH, VT, and
Washington, D.C.
• In early 2012, WA State and MD both
approved same-sex marriage laws, but
neither took effect immediately and both
were expected to be challenged in
referendums.
• In early May, 2012, NC voted for a
constitutional amendment that would ban
same-sex marriages, partnerships and civil
unions.
• This issue continues to evolve, be a topic of
discussion, and hotly debated in the
political arena.
Same-Sex
Marriage
Laws in
the United
States
11. Paradigms of Law
Consensus paradigm
Society is a community of like-minded individuals who agree on goals
important for ultimate survival.
Conflict paradigm
Society contains competing and conflicting interests. Governance is
based on power; if some win, others lose, and those who hold power
promote self-interest.
Pluralist paradigm
Society contains competing interests, but more than two basic interest
groups exist; the power balance may shift as part of the dynamics of
societal change.
12. • Some people believe that advocate
for more severe sanctions and
harsher laws against illegal aliens.
• There are other groups who
advocate amnesty, worker permits,
the Dream Act (that would award
citizenship to college graduates or
those who enter the military) or
other solutions.
• The law is dynamic and even
existing law is fluid in that
enforcement practices shift from
time to time.
Immigration
Laws in the
United
States
13. Perceptions of Judicial
Processing
The Ideal:
The American Justice system is fair and unbiased.
Two equal advocates, with a neutral judge, arrive at the
truth.
The Reality:
Most defendants are represented by overworked and/or
inexperienced advocates.
14. A “Confidence Game”:
Advocacy a pretence
Individualized justice a pretence
Bureaucratic Justice:
Bureaucratic efficiency supplants goal of justice
Presumption of guilt (plea bargaining)
The Wedding Cake Model:
The few "serious" cases are the top layer
Bottom of the cake represents the majority of cases
Bottom receive mere token of justice process
Perceptions of Judicial
Processing
15. Rules of the Justice Game (Dershowitz)
Rule I: Almost all criminal defendants are, in fact, guilty.
Rule II: All criminal defense lawyers, prosecutors, and judges
understand and believe Rule I.
Rule III: It is easier to convict guilty defendants by violating
the Constitution than by complying with it, and in some
cases it is impossible to convict guilty defendants without
violating the Constitution.
Rule IV: Almost all police lie about whether they violated the
Constitution in order to convict guilty defendants.
16. • Investigative report revealed that black and
Hispanic motorists passing through were
stopped for minor violations and threatened
with jail or the loss of their children if they
didn’t hand over large amounts of money.
• The DA said denied any wrongdoing,
arguing that Texas law allows the
confiscation of money and personal
property used in a crime.
• Prosecutor’s office wrote a $10K check
from the asset forfeiture account to a police
officer who stopped many of the people, for
“investigative costs.”
• Class action suit was filed.
• Investigation showed that over 1K people
were stopped on questionable grounds.
Tenaha,
Texas
(2009)
17. Rules of the Justice Game (Dershowitz)
Rule V: All prosecutors, judges, and defense attorneys are
aware of Rule IV.
Rule VI: Many prosecutors implicitly encourage police to lie
about whether they violated the Constitution in order to
convict guilty defendants.
Rule VII: All judges are aware of Rule VI.
Rule VIII: Most trial judges pretend to believe police
officers who they know are lying.
Rule IX: All appellate judges are aware of Rule VIII, yet
many pretend to believe the trial judges who pretend to
believe the lying police officers.
18. Rules of the Justice Game (Dershowitz)
Rule X: Most judges disbelieve defendants about whether
their constitutional rights have been violated, even if they
are telling the truth.
Rule XI: Most judges and prosecutors would not knowingly
convict a defendant whom they believe to be innocent of the
crime charged (or a closely related crime).
Rule XII: Rule XI does not apply to members of organized
crime, drug dealers, career criminals, or potential informers.
Rule XIII: Nobody really wants justice.
19. • The Legal Agent model defines the lawyer as
neither moral nor immoral, but merely a tool.
• Under the Special Relationship model, the
lawyer places loyalty to the client above all other
considerations.
• Under the Moral Agent model, the lawyer must
adhere to his or her own moral code.
The Attorney-Client Relationship
20. Legal Agent vs. Moral Agent
• “Hired gun”
• Promotes client’s
interests and performs
client’s will
• Argument that this is the
role of the attorney and
ethical standards and
rules keep attorneys from
doing illegal or unethical
acts
• Maintains own values of
truthfulness, moral
courage, benevolence,
trustworthiness, and
moral autonomy
• Will refuse to perform
acts that violate personal
code of ethics
• Argument that ethical
rules are easily
circumvented and each
attorney must practice
individual morality
21. Legal Agent vs. Moral Agent
Cohen’s Moral Principles for Lawyers:
• Don’t treat people merely as the means to winning cases
• Treat similar people similarly
• Don’t deceive the court
• Make reasonable personal sacrifices for morally good
causes
• Don’t financially support or profit from wrongful acts
• Avoid harming others while representing your client
• Be loyal to your client; don’t betray confidences
• Make moral decisions; act consistently upon them
22. Legal Agent vs. Moral Agent
Criticisms of Cohen’s Principles:
• They are naïve and wrong on several counts
• Existing rules already prevent unscrupulous acts
• Decisions regarding justice and morality are so
subjective that it is impossible for them to be judged
• A lawyer acting as a moral agent would forfeit client trust
by substituting his or her own moral code for the client’s
23. Model Code of Professional Responsibility
Model Rules of Professional Responsibility
Restatement of Law Governing Lawyers
Criminal Justice Standards
• Each state bar association can sanction offending
lawyers or recommend suspension of their law license.
• Many complain that bar associations ineffectively
police their own ranks.
• While law schools require ethics courses, many
believe that, in practice, ethical considerations are
secondary.
Ethical Standards for Lawyers
24. Thinking
Point
In the first quarter of 2010, a public defender
from San Francisco accused the district
attorney of outright obstruction of justice and
unethical conduct by refusing to release the
district’s law enforcement officers criminal
and misconduct histories for use in trial. The
district attorney’s office is legally obligated to
hand over such information to the
designated defense. By neglecting to hand
over such information, hundreds of cases
are in jeopardy of mistrials.
Was the DA’s act unethical?
Does it violate the legal agent?
Moral agent? Why?
25. Responsibility to the Client
Attorneys cannot abandon their clients
unless:
the legal action is for harassment or malicious
purposes,
continued employment will result in violation of a
disciplinary rule,
discharged by a client, or
a mental or physical condition renders effective
counsel impossible.
26. Responsibility to the Client
Attorney–client privilege prevents compelling attorneys
to disclose confidential information about their clients
Exceptions that permit revealing confidences include:
•When clients consent
•When required by law or a court
•To defend against an accusation of wrongful conduct
•To prevent clients from committing crime or fraud
•To prevent, mitigate, or rectify financial injury to another
27. 1. “A judge shall uphold and promote the independence, integrity,
and impartiality of the judiciary, and shall avoid impropriety and
the appearance of impropriety.”
2. “A judge shall perform the duties of judicial office impartially,
competently, and diligently.”
3. “A judge shall conduct the judge’s personal and extrajudicial
activities to minimize the risk of conflict with the obligations of
judicial office.”
4. “A judge or candidate for judicial office shall not engage in
political or campaign activity that is inconsistent with the
independence, integrity, or impartiality of the judiciary.”
ABA’s Model Code of
Judicial Conduct
Editor's Notes
Read related article at: http://www.texastribune.org/texas-dept-criminal-justice/michael-morton/about/
Other evidence not originally considered:
- The couple’s son said it was a “monster” that hurt his mommy, and that his daddy was not at home
- At the scene, police didn’t bother to pick up the bloody bandana, nor test it, but it was later turned in by the victim’s brother
- When the bandana was finally tested, the blood belonged to the victim, and the DNA belonged to another man
- A suspicious green van was seen in the area prior to the homicide
- A person walked in the wooded area behind the Morton home several times also prior to the homicide
- The victim’s credit cards had been used – and her purse was missing
As a result of evidence not being appropriately processed or shared, the prosecutor will appear before the Court of Inquiry, which has been scheduled for September 2012
The prosecutor could face criminal charges or disciplinary proceedings from the State Bar
Class discussion – How important was DNA and other evidence in this case?
Was Michael Morton convicted by the “court of public opinion” for the affair or by the evidence?
What should happen to the prosecutor for his actions?
Did justice prevail in this case?
In this case, did the justice system work?
See website - http://www.bikersrights.com/states/50state.html
Is this a form of paternalism?
Class discussion – Should states be able to dictate whether motorcyclists and their passengers wear helmets? Why or why not?
What about the ancillary costs of injured motorcyclists (hospital and rehabilitation costs of uninsured or underinsured riders)?
Can society suffer as a result of motorcyclists not wearing protective gear?
Read article - http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_sex_marriage/index.html
Are prohibitions of same-sex marriage a form of legal moralism?
Class discussion - Should the government dictate whether two adult and consenting individuals should be permitted to marry?
Also discuss societal changes in views on same-sex marriage
Read article - http://usnews.nbcnews.com/_news/2012/08/17/13338830-undocumented-immigrants-confront-author-of-strict-immigration-laws
Class discussion – Should illegal aliens be sanctioned more harshly than other individuals?
Does individual bias play into such laws? If so, how do we prevent that from occurring?
Would these types of laws fall into the conflict or pluralist paradigm?
Read article - http://www.chicagotribune.com/news/nationworld/chi-texas-profiling_wittmar10,0,6051682.story
Was this literally a case of “highway robbery?”
Class discussion – Do you believe that ethnic groups, overall, are targeted by police? If so, how do we combat that?
Discuss these officers’ and court personnel’s ethics.