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Sexual Assault – Harvey Weinstein Case 

Pages:3

Sexual assault is a broad term that includes any sort of sexual violence, sexual actions without consent, or torture of any kind. The sexual cases against the movie hegemon Harvey Weinstein are an essential one to be explored as they triggered a significant change that started with the Me Too movement. The Kantian and Utilitarian schools of thought are helpful in determining the case against Weinstein.

Many celebrated movie stars, including Angelina Jolie, Gwyneth Paltrow, and Salma Hayek, accused the famous American movie producer Harvey Weinstein, who is now convicted of sexual assault and similar heinous acts. These acts may induce terrible side effects such as self-harm, panic attacks, or may even cause unwanted pregnancies, especially if the victim is pressurized into not speaking or voicing out for help or catharsis, as was the case with Weinstein who blackmailed the actresses on multiple occasions.

 

Self-harm is caused by emotional pain and should not be ignored, no matter its scale. It may be challenging to break away from it as the cycle becomes addictive in some cases, and in serious ones may lead to suicide. Likewise, panic attacks are reflective of the internal disturbed state of people that may be episodic and are triggered by no real danger. They can disrupt the present state of the victim and lead to depressive thoughts. In severe cases of sexual assault, such as rape, unwanted pregnancies may take place. Abortion is a solution, but it is considered illegal in many areas. It hence can cause significant life changes for the victim, apart from the emotional trauma the event itself brings.

 

This case can be evaluated using the two great branches of ethics, namely Kantian and Utilitarianism. Utilitarianism argues that one should act in a way that produces the highest good for the most significant number of people. Utilitarianism judges the moral value of an action based on its outcome (or expected outcome, for a hypothetical case).  So, in the case of sexual assault, the consequence of self-harm, panic attacks, or pregnancies may determine the action itself to be considered wrong.

 

On the other hand, Kant’s ethical theory bases all moral judgment on the nature of the action; the consequences are entirely irrelevant. The more modest and plausible of his moral theses is that it is always morally wrong to treat humanity as a mere means to achieve some desired end. To put it more simply, the rule is to respect people, and not to use them. And this includes self-respect as well as respect for others, so it’s also wrong to drug yourself into oblivion. The idea is that an action is morally acceptable if and only if it would be both feasible and acceptable for everyone to act in accordance with the same principles that motivate the original act. In the case of sexual assault, this means that the nature of the act itself comes under question, regardless of its consequences.

 

Based on these two theories, Weinstein’s actions can be deemed to be extremely problematic in numerous ways. They not only lead to intense social issues, but his unethical actions in themselves are heinous in their nature. This sort of behavior ought to be declared strongly punishable as it becomes unacceptable when analyzed using the above theories.  Hence, both these theories help understand the criminality of the action, but the most suitable one appears to be Kantian theory here as it declares the foundation to be problematic and does not wait for the outcomes.

 

On the other hand, societies should encourage women and other oppressed bodies to speak up for themselves and allow more movement like Me Too to surface as they fix the gaps made by heinous villains like Harvey Weinstein to be bridged. Women empowerment ought to be recognized, and timely action should be taken against criminals who indulge in such crimes despite their influential status of personas.

Resources

https://edition.cnn.com/2017/12/13/entertainment/salma-hayek-harvey-weinstein/index.html

https://www.nytimes.com/2017/10/10/us/gwyneth-paltrow-angelina-jolie-harvey-weinstein.html

Comparison of gender roles in Romeo and Juliet and Private Romeo

Problems of Children Being Abused

 

Japanese American & WWII

Pages:5

Japanese American & WWII

Fred Korematsu failed to comply with the Japanese American’s orders in 1942, so he was arrested. The American Civil Liberties Union proposed the grounds that American citizens can happily live where they desire, but under 6-3 decision, the Supreme Court ruled that military necessity is constitutional. In 1942, about 110,000 Japanese Americans were incarcerated in the western US. These Japanese Americans were kept in internment camps. Korematsu disliked and refused it and went for the legal challenge through US Supreme Court. According to the Supreme Court, compulsory exclusion can be applicable in time of peril and emergency. The start of war is related to some misconceptions and risks associated with immigrants as well as Japanese-Americans that led to work in unfavorable way for the country.

The attack of the Japanese on Pearl Harbor and the related report was issued in 1942. The First Robert Commission issued and authorized that the war department can develop specific areas for military and that can exclude Americans. This was to provide necessary lodging support and transport and displacement. In 1942, the army Lieutenant issued a proclamation that democratized exclusion zones under military areas. This directed German, Japanese, and Italian aliens to inform the postal service of the US. The defense command of US-issued exclusion orders for civilians that all the Japanese ancestry will have to report to the assembly points.

Korematsu decided to stay in California rather than obeying this order. This decision was an open violation of the army’s exclusion order. According to him, the order was not constitutional, and it violates the fifth amendment of the US laws. The Fifth Amendment was due to a lack of protection policies of federal. The case and onset of the war are related to the legalization of racism. Frank Murphy asserted that constitutional power is used for the ugly abyss. The mass hysteria occurred when Japanese Americans were imprisoned during World War II. Most of the loyal Americans were actively represented themselves in churches, schools, and communities. The Ralph Lazo was a unique person who was willing to stand up for these people.

After the attack on Harbor, the military arrested Japanese Americans as well as religious leaders. Though scant evidence was available, buy Japanese characters were the main arresting cause. Under the Chinese exclusion act in 1882, the immigrants from china were barred for 60 years. In 1917, Asians were considered to get jobs from whites, so the US suspended the policies of immigration for most of the East Asians. In addition, all the ethnic Japanese were also barred in 1924, and they were forbidden to get citizenship. The anti-Japanese sentiment was a leading cause for the onset of war.

The wartime civil control administration Karl Bendetson vowed that even a drop of Japanese blood would be incarcerated. This policy was opposed by some newspapers, and the American Baptist developed material to push back, but the wartime searches went for public protests, and non-Japanese supported this venture. According to Senator Robert Taft, the policy was not useful for the public, so it was condemned. The West Coast landowners and farmers got many incentives to get rid of these Japanese farmers who only found successful methods of irrigation. In Hawaii, the business owners focused on the internment and opposed this understanding, yet it was not considered for positive reasons. This fear lost workforces, and about 1200-1800 Japanese Americans moved to internment camps.

After much chaos related to the organizational level, about 15,000 Japanese Americans were moved to the no go areas. The inland citizen of the state were not aligned with new residents. The state governors also voiced some opposition because they had fears of the Japanese residence, and they have to forcefully accept them. The relocation centers in that time were California, Manzanar, Minidoka, and Jerome, etc. the issue gave rise to political and constitutional debate because Japanese American citizens challenged the orders of curfew. Korematsu received negative feelings and judgments about this process, and he was determined to be loyal and related to the courts. The relocation centers faced violence such as internees in New Mexico were moved by trains. The internment camps ended up in 1945, and the Supreme Court decision held for this issue.

The rule regarding this issue highlighted that war Relocation Authority is related to citizens yet not subjected to the concededly loyal procedures. This case was put forward by Mitsuye Endo that was the daughter of immigrants from California. The habeas corpus petition was filed by her, and the government offered her to let her go freely, ye she refused and wanted her case perusal. The military debated restrictions limited the involvement of military participants. This structure was developed on the support of the confined Japanese persons.

General Mark Clark faced opposition and executive order 9066 that was to prescribe the military areas to such places that appropriately determine the exclusion criteria of people. The secretary of war then authorized to focus on the residents about exclusion, so to get involved in key practices of food, transportation, and accommodation. In this regard, the alien and citizens supported the removal of all these people from the coastal region, so it was impossible to know who was loyal by that time. Mass evaluating was not supported by many leaders, yet they wanted to prove the loyalty of people in order to operate in military necessity. Later, the army controlled wartime administration practices to remove Japanese Americans.

Korematsu changed his facial features and his name to go in hiding. The person was arrested later, and in the court, he proclaimed that the imprisonment of people on the basis of ancestry is not logical. He also claimed that Yasui spent much time in prison, and then he went to Minidoka Relocation Center, and Korematsu was sent to the relocation center. This act was not authorized, and Japanese Americans faced relocation. The war created massive consequences for people, and Californians had to face shortages of food. The evaluation process also thwarted sabotage and espionage. This issue was related to the people who acted as Caucasian parents, while more than 1/16th Japanese people’s blood was involved.

Ralph Lazo was the classmate of RoseiKakauuchi and was a loyal person. He was viewed as an orphaned child who was accepted and loved by everyone. The grim surroundings discussed resilience.   Ralph went into camps in 1946 and received Bronze star because he acted with bravery in all this nightmare. At the end of the war, Ralph support was maintained with consistency for the Japanese Americans, and the security for the community was ensured. During the wartime, the necessity of a significant voice to show power and unity was acted, which were related to administration. The legal profession later changed the status of war and struggle for own community member. The exclusion of residing role in World war II was also considered significant.  World War II placed emphasis on the loyalty of communities and people contributing to their beloved country. The war also set an example for the sovereignty of the state and the sacrifices people believe in. The outcomes of war showed how effective it was to develop sustainability for the country with the involvement of people.

Crime Theories

American History, Race and Gender

 

 

 

MANAGEMENT ETHICS & LAW Assessment

Pages:8

Individual assessment Case study 1

  • Your company is currently discussing a contract for the construction of solar panels with the Government of Vindalubia.
  • Your company is requested pay a motivation fee for the Minister of Energy of Vindalubia in order to facilitate the signature of the contract with the Government of Vindalubia.
  • The CEO of the company asks you to look into this issue.
  • Do you pay the motivation fee? Why? What are the legal aspects you will take into consideration in order to justify your decision?
  • Please prepare a document explaining your decision, your arguments and the legal reasons for your decision

 

 

Assessment Case study 1 Answer

 

We will disagree with paying the motivation fee and considering it as bribery. We will notify the CEO. An act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes briberybut is more comprehensive;because an act may be corruptly done, though the advantage to be derivedfrom it be not offered by another, this is considered as well as corruption.

The forms of corruption are diverse in terms of who are the actors, initiators, and profiteers, how it is done, and to what extent it is practiced.

The Convention does not utilize the term “active bribery” (to avoid it being misread as implying that the briber has taken the initiative and the recipient is a passive victim). Moreover, that could lead the further company dispute.We will also refer to The OECD Convention.

  • Article 1

Each Party shall take such measures as may be necessary to establish that it is a criminal offense under itslaw for any person intentionally to offer, promise or give any undue financial or another advantage,whether directly or through intermediaries, to a foreign public official, for that office or a third party,so that the official act or refrain from acting concerning the performance of official duties, from obtaining or retaining business or another improper advantage in the conduct of international trade.

We will refer to the United Nations Convention of 2003 Convention Against Corruption

  • Active and passive corruption by a public official

Passive corruption or bribery has been described as the acceptance of any undue advantage by a public official in exchange for performing a corrupt act relating to his or her public functions. Active corruption could be described as the granting of any undue advantage by a public official for himself or herself in exchange for performing an act of fraud relating to his or her public functions. Both offenses can be committed either directly or indirectly.

  • Article 15

The article prohibits passive and active corruption and mandates the States to take measures to establish as criminal offenses.

  • The elements constituting rushing offense are those promising or offering or giving something to a public official.
  • An undue advantage may be something tangible and intangible, whether monetary or non-pecuniary. The unfair advantage, however, must be linked to the official’s duties.
  • Passive bribery requires soliciting and accepting the bribe to constitute an offense.

The primary reason for my decision against the payment of the above mentioned ‘motivation fee’ is that the demand or the ‘request’ for the amount of such a sum of money for the facilitation of the business contract falls in the domain of bribery. The demand for a motivation fee is an attempt of solicitation and extortion from the office of the Minister of Energy to enable the company to construct solar panels with the government of the country. Solicitation is defined as the ‘demanding of a bribe, whether or not coupled with a threat if the demand is refused.’

Resisting such demands and ‘requests’ of solicitation and extortion are imperative for the leadership and executive management of the company to foster and maintain a culture that promotes and encourages ethical and moral business practices within the organization. Apart from the moral and ethical obligations, specific legal considerations also call for the resistance against attempts of solicitation for securing business contracts. One of the major international projects that are aimed at enabling the companies and businesses to resist solicitation during business transactions is the RESIST Program, which is a joint venture between the ICC, UNGC, PACI, and Transparency International (ICC, 2019).

 

 

 

Individual assessment Case study 2

 

  • Your company signed a contract for the construction of solar panelswith
  • the Government of Vindalubia (fictitious state).
  • Your company paid a ‘motivation fee’for the Minister of Energy of Vindalubiato facilitate the signature of the contract with the Government ofVindalubia.
  • A few months later, the Government of Vindalubia terminated the
  • The CEO of the company is really concerned about this issue. CEO asks you to look into
  • What should the companydo?
  • What are the methods of resolving the dispute?Why?
  • Pleaseprepareadocumentexplainingyourdecisionandthereasonswhy? you propose your answer.

 

 

Assessment Case study 2 Answer

 

International business contracts and transactions are incredibly susceptible to a range of global factors and influences that can easily result in the termination of such agreements. It is, therefore, imperative for a company to prepare and plan for conflict resolution in case of international business contracts, especially in the context of dealing with a foreign government. A dispute resolution clause is a vital aspect of a global business contract that outlines the steps and legal procedures that need to be taken to arrive at a possible and viable solution to the conflict.

The company should verify that contract in detail. The contract should be sufficiently precise so that difficulties of complying with the contractual provisions are unlikely, but also flexible enough so that foreseeable contingencies fall within the scope of the agreement. If the company desires an ongoing commercial relation, they may wish to specify that disagreements be initially addressed by re-negotiation, mediation, or conciliation, or other forms of dispute resolution mechanisms as an alternative to court or arbitral proceedings.

A well-drafted contract will also contain a clear and precise clause specifying the dispute resolution technique agreed upon by the parties.

International arbitration is the most common way of solving international business disputes.If the company failed to provide for a specific dispute-resolution mechanism in their contract, they might try to agree after a dispute has arisen.

One of the most fundamental and significant ways, in order to solve business conflicts and disputes between contracting parties, is through the process of international arbitration. It is considered to be more effective in the context of decision enforcement than litigation in the instance of a global business conflict. The company should discuss the possible terms and aspects of an arbitration process with the officials and representatives of the government of the country. The two parties should decide on which arbitration rules and frameworks to follow to solve the business conflict. Some of these arbitration rules include the

  • UNCITRAL Model,
  • Washington Convention,
  • ICC Arbitration Rules etc.

Apart from deciding the governing rules, the parties should also agree on other aspects of the arbitration process, including the choice of arbitrators, the duration and obstacles of the process, and the place of arbitration. Additionalprocedures for solving the business dispute include negotiations, the establishment of a dispute review board, conciliation and mediation,etc. However, reaching an agreement on elements such as the place of arbitration, the applicable law to the merits of the case, and the selection of the arbitral institution and the range of the arbitral tribunal may be complicated(Redfern & Hunter, 2004).

 

 

Individual assessment Case study 3

 

  • You recently joined your company as the Chief Compliance
  • The company is a medium-sized company based in Riyadh doing business in the construction
  • TheCEOofthecompanyisreallyconcernedbecausetheCompanydoes nothaveaComplianceandEthicsTheCompanypreviously haddifficultexperiencesinnegotiatingcontractswithnewclientsand subcontractors.
  • TheCEOasksyoutoproposeanewComplianceandEthicsProgrammetobediscussedatnextTheCEOalsowantsyoutomakeproposalsforaCorporateGovernanceofthecompanyifthiscanfacilitate thesettingupof thenewComplianceandEthicsProgramme.
  • Please prepare a document detailing your proposed Compliance and Ethics Programme and a new Corporate Governancestructure.
  • Explainthereasonsforthisnewprogram,theobjectivesandthelegalbackground.

 

Assessment Case study 3 Answer

 

The establishment of an effective corporate governance structure is necessary for the compliance and ethics program to function efficiently. Some of the proposals for corporate governance are as follows;

  1. Establish clear Vision and Mission and Values to be communicated through all levels of employees.
  2. Establish clear objectives and goals
  3. Establish clear measures for evaluating the performances of senior managers and executives of the company.
  4. Most of the members on the board of directors of the company should be independent actors. An independent nomination committee and a distinct process for monitoring the performance of the directors should be established.
  5. Policies should be drafted to develop a clear and distinct code of conduct for the company. The system of conduct should serve as the guiding framework for all business decisions and activities of the organization.
  6. An independent audit committee should be set up to maintain the integrity and transparency of the financial activities of the board and the organization’s business dealings.
  7. A capable communications team should be established with the sole objective of disclosing all the relevant data and information regarding company activities to the shareholders in a timely and efficient manner.
  8. An independent remuneration committee should be established that designs and maintains fair and just compensation procedures for higher management (ASXGC, 2007).
  9. A Risk Management Committee should be setup, The Committee should have overall responsibility for monitoring and approving the risk policies and associated practices of the Company. The risk management committee will also be responsible for reviewing and approving risk disclosure statements in any public documents or disclosures.

The establishment of a corporate governance structure along with a compliance and ethics program will help in developing a code of conduct for the company, which will govern and monitor all organizational policies and practices. The primary objective of the ethics and compliance program is to effectively protect and safeguard the interests of all the stakeholders associated with the organization. The program will not only enable the employees to carry out their work practices in an effective and ethically compliant manner, but it will also facilitate the shareholders of the company and streamline the business practices with their interests by establishing values of transparency, integrity and disclosure. The corporate governance structure and the compliance and ethics program will also help with the effective planning and implementation of risk management practices (Jackson, 2010).

The Organization for Economic Cooperation and Development (OECD) has developed a framework for organizations and business that provides a guideline for establishing compliance and ethical practices within the company. Such principles include development and promotion of transparent and effective policies and business strategies, clear and distinct division of responsibilities, protecting the interests and rights of shareholders, ensuring the equitable treatment of all stakeholders of the company, provision of equal opportunities to all shareholders to obtain effective redress in case of violation of their rights, ensuring effective and efficient disclosure and transparency practices, establishing monitoring and evaluation mechanisms and accountability activities within the company, and ensuring that the board of directors and the managerial leadership of the company performs its duties effectively (OECD, 2004).

 

References

 

  • (2007). Corporate governance principles and recommendations.
  • (2019). Resisting Extortion and Solicitation in International Transactions (RESIST). Retrieved December 30, 2019, from ICC – International Chamber of Commerce website: https://iccwbo.org/publication/resisting-extortion-and-solicitation-in-international-transactions-resist/
  • Jackson, G. (2010). Understanding corporate governance in the United States: An historical and theoretical reassessment. Arbeitspapier, Unternehmensmitbestimmung und Unternehmenssteuerung.
  • (2004). The OECD principles of corporate governance. Contaduría y Administración, (216).
  • Redfern, A., & Hunter, M. (2004). Law and practice of international commercial arbitration. Sweet & Maxwell.
  • https://www.sec.gov/Archives/edgar/data/1067491/000106749107000015/exv15w07.htm

 

Law Admission Essay 2

Pages:2

Essay 2:

Fred Rodell has very aptly stated, and I quote: “it is the lawyers who run our civilization for us — our governments, our business, our private lives.” Studying Law as a profession, one gets leadership qualities honed inside. There were several projects and learning experiences that taught me what it means to lead and be a leader. The one worth mentioning over here is my experience in one of the societies at my university. We organized a model for what goes around inside the courtrooms. The concept was mostly generated from that of a Model United Nation. I was placed in-charge as one of the leading organizers and directors of the event. Outsiders were coming to spectate and participate as well and it was a massive responsibility that everything went according to plan. I realized during that short time how difficult it is to put together a committed team and then make sure that they are working in the right direction. My strategy at that moment was to communicate with every member and be as fully involved basically. I would personally look over all the tasks getting done and did not just appoint a team that would later give me the updates. I think this method worked quite effectively. I also realized the need for practicing and preaching the importance of time. Negligence of time can often lead to very damaging results despite our clear intentions and strenuous efforts. Come the day of the event; everything got laid down accordingly. Of course, there were some mishaps as well. That was also a challenge. I learned that a good leader maintains his calm in a moment of crisis and tries to pull things together despite the complications involved. If a supposed leader caused further havoc, then he’s hardly fit to lead. Hence, my style of leadership is dominated by the punctuality of time, calmness in approach, and attention to detail. These qualities are and will be equally useful in business-related leadership roles in the future as well and even in matters in private life. Myexperience also taught me the lesson of fairness. A manager is also a kind of a leader. He has to take into account the efficiency and well-being of his team simultaneously. It is crucial that a leader does not have any biases with respect to his team or he can never be fair to them.

 

Law Admission Essay

Pages:2

Essay 1:

 

After having completed my law degree, I want to broaden my horizons and diversify my skillset. The junction of law and business administration together becomes a beneficial strength in my opinion. A BBA graduate doing an MBA, for example, wouldn’t be enhancing his skillset as much as I will be. The economic structure around the globe today is becoming increasingly entrepreneurial, whichmakes it essential to know about how business is run and the factors involved. An MBA degree would allow me to gain that knowledge. A degree in Law advocates confidence, intellectual ability and excellent judgment skills. All three of these qualities are required to become a successful businessman. A lawyer is also well equipped with convincing strategies. That is another quality that a business person would find significantly valuable. Hence, I believe that my decision to combine law with an MBA would prove to be quite fruitful in my career. As an MBA student, I will gain managerial expertise aiding in leading corporate teams.  In other words, an MBA degree on top of having a law one offers me a competitive advantage over others. The reason behind picking up an executive MBA is that it’s designed for people who already have ample work experience and are just looking for a slight nudge in the right direction. Plus, an executive MBA is not full time and leaves spacefor other work unlike a regular MBA. My short-term goal is to get admission to Cornell University. The university is ranked as one of the tops amongst IVY league colleges and it would be an honor to get an opportunity to learn at such a prestigious institution. My long-term goal is to start up my own business. The team I will be recruiting will be one of a kind as my selection criteria would be enhanced thanks to my judgment skills as a lawyer. An executive MBA also offers an excellent financial position. An MBA degree would earn significantly more than perhaps a Masters in Law. This fact stands ground for jobs as well and not just entrepreneurial ventures. Hence, in case that I have to find employment, an MBA degree would prove to be highly useful. I have always wanted to direct people in the right and required direction. MBA teaches me the former part of that statement while the latter portion gets covered by law alone.

 

 

 

 

Dual criminality in Mutual Legal Assistance in criminal matters

Pages:6

Overview:

With all these emerging technologies and globalization, when it is not so hard to travel from one place to another, several aspects of our society have modified, including the nature of crimes and their investigations. Whether it is a case of Pablo Escobar, the most notorious drug smuggler of the world, or Osama bin laden, nations have struggled in investigating the crime and prosecuting the culprits when the guilty has moved to another country. (Caroline Morgan, 2010)

To fulfill the right and provide the opportunity to authentically investigate the case and punish the culprit in order to provide justice and promote peace and harmony in the world should be the priority and goal of every respectful society. The crime is crime, no matter where is it committed and the societies should fight it together and punish the guilty. (KIMBERLY PROST, n.d.)

One of the key challenges for the law enforcing agencies is the sovereignty of countries, which sometimes come under the way of successful investigation and extradition. Countries may have reputational issue in providing access of their own nationals to some foreign government or organizations. The case even get worse when the relationship between the countries are not so well. The people or organization who commit transnational crimes are very aware of such techniques and they try to exploit the differences between legal systems, the fight of bureaucracies, the protection of sovereignty, and the complete inability of countries to work together to overcome their differences.(Greece-OECD Project: Technical Support on Anti-Corruption , n.d.)

In order to legally fight such people and organization who are involve in transnational crimes, the countries and governments invented tools like extradition and mutual assistance so that such entities would not be able to exploit differences between the legal systems, protection of sovereignty and simply the clash between bureaucracies. Mutual assistance and extradition, both, are tools which help creating bridges between two counties in order to mutually cooperate in providing free and fair trial and investigation so that the real culprit can be punished without having any barriers. (David Chaikin, 2006)

Extradition is the process where the country surrenders its national or expat to the other country where that person has committed any crime. Extradition is one of the older example of mutual cooperation among countries, starting from Egyptian, Chaldean,Chinese, and Assyro-Babylonian. As per record, the first extradition treaty happened in 1280BC. However, in older years or till 1800 century, extradition or mutual assistance between countries were solely used for the purpose of politics and religion, in recent years it has become more common and useful in competing with crimes and promoting peace in the society. (Sharon A. Williams, 1992)

The first challenge the prosecutor or the judge finds when they get to know that the person who is found guilty or is required for investigating is in some other nation, that whether they would be able to bring the culprit back to that country. As per the international law, no country neither legally nor morally is obliged to extradite anyone. In order to cater this situation, countries have started to sign treaty agreements among them so that they can extradite the culprits and fight such transnational crimes together. Today, there exist several extradition treating among countries and even regions. Few famous treaties are The European Convention on Extradition, Commonwealth Scheme, The Inter – American Conventions, The Benelux Extradition Convention, The Nordic States Scheme, and The Arab League Extradition Agreement. However, keeping in mind the increasing number of transnational crimes, money laundering and illegal offshore accounts, the number of treating should increase in order to effectively extradite the culprits. (Manley O. Hudson, n.d.)

How Mutual Assistance can help in Stolen Asset Recovery:

Several cases on flight of stolen assets can be found today. One, as mentioned in the handout of World Bank, The Puppet Masters, is of Kenya when its government invited bids to replace its passport system. Even though the government received bids as low as of £6 million, the contract was awarded to a firm named, Anglo-Leasing and Finance Ltd., a shell company registered in UK, for a amount of £31.89 million. This is a simple case of how through massive amounts of black money, corruption, and stolen assets are driven out of the country to a place known as safe havens.

The complexities usually involved in such cases can make it almost impossible to recover stolen assets. For the above mentioned case, till now not any individual or company been convicted of a corruption offense, despite the millions of dollars of illicit payments allegedly involved. So what methods, countries and legal bodies can utilized to ensure successfully recovery of the stolen assets?

With the common ways of criminal proceedings and confiscation, a handbook of World Bank, Public Wrongs Private Actions, suggest another way to deal such criminal offences which is linked to civil remedies. (Emile van der Does de Willebois, n.d.)

Whereas criminal laws present society’s disapproval of the wrong doings like corrupt acts and vows to stop, punishment, and confiscation of stolen assets, civil law aims on victims’ interests and focuses at restitution and compensation. Both of these methods may occur sometimes in parallel, or sequentially sometimes. Hence, a useful and effective answer to corruption and wrong doings would generally asks for concomitant utilization of both civil law remedies and criminal proceedings to achieve the desired outcome. (Jean-Pierre Brun, n.d.)

Dual Criminality:

In order to successfully extradite any person, the alleged crime must be illegal and punishable in both the countries, requesting and the requested. This principle is known as Dual criminality. Seemingly, this looks like a very simple task; however, in reality it is quiet complicated. There are several complexities in the legal systems of countries. The problem comes when there are difference in how two countries define a crime. A similar crime may have different implications, punishment and prosecution procedures in two different countries. What may be theft in one country, might be larceny in other. Murdering someone has very different punishments in USA and Saudi Arabia.  (George J. Andreopoulos, n.d.)

Issues in Extradition, Mutual Assistance and Proving Dual Criminality:

Once the prosecutors are sure that they can extradite someone accused of a crime in their land, the next big challenge is to gather and provide enough and required proofs to the requesting country. Any country, even who has signed extradition treaty, won’t extradite any person without having significant amount of required proofs. This might seems quite simple, but historically many culprits have escaped extradition because of this as collecting proofs as per the requirement of requested country sometimes get very difficult. And this problem is not just because of the difference in legal systems but difference in proof requirements. However, on the positive side, this issue is getting better with time as now more countries are easing their list of proofs before allowing the extradition. (Philipp Girardet, 2010)

Another main issue which prosecutors find is that some countries have policies that stop them from extraditing local nationals to other countries. These countries instead of extraditing their nationals to other country, prosecute and investigate their alleged crimes locally in their own courts and as per local legal systems. Thus, many extradition treaties where it is mentioned that if extradition is not possible because of involvement of local citizens, the case would be prosecuted in local courts. These clauses are aimed to promote the cause that criminals won’t go free and will be trialed no matter what. However, there are several issues in it. As per the United Nations report on extradition, (Adán Nieto Martín, 2018)

“It was noted that the use of the principle autdedereautjudicare would in theory be an alternative to the extradition of nationals and had on some occasions proved effective. There were, however, several significant practical problems in its application, including the low priority assigned to such prosecutions by overburdened requested States. The difficulty and costs of obtaining evidence from the requesting State, and the serious burdens imposed by such trials on the victims, witnesses and other persons, were cited as examples. These problems significantly impeded the effectiveness of this alternative to extradition.”

Conclusion:

With changing time, the nature of crimes is evolving. The frequency of transnational crimes has been increasing as it is getting easier to travel and the borders are less hard to cross. But in order to cater this issue, the governments and organization have developed tools like extradition and mutual assistance which have been proved so fruitful in combating such crimes.

 

 

References:

 

Adán Nieto Martín, 2018. The Foundations of Mutual Recognition and the Meaning of Dual Criminality in:.

Caroline Morgan, 2010. The Potential Of Mutual Recognition As A Leading Policy Principle. The Future of Police and Judicial Cooperation in the EU.

David Chaikin, 2006. The Impact of Swiss Principles of Mutual Assistance on Financial and Fiscal Crimes. Revenue law journal.

Emile van der Does de Willebois, n.d. The Puppet Masters, s.l.: World Bank.

George J. Andreopoulos, n.d. Extradition law. Encyclopedia Britannica .

Greece-OECD Project: Technical Support on Anti-Corruption , n.d. Mutual Legal Assistance:Assessment and revision of the current legal and regulatory framework , s.l.: s.n.

Jean-Pierre Brun, n.d. Public Wrongs, Private Actions. Civil Lawsuits to Recover Stolen Assets, s.l.: World Bank.

KIMBERLY PROST, n.d. International cooperation in combating transnational crimes.. Mutual assistance in criminal matters and extradition .

Manley O. Hudson, n.d. The Factor Case and Double Criminality in Extradition. The American Journal of International Law, Volume 28.

Philipp Girardet, 2010. ‘What if Uncle Sam wants you?’: Principles and Recent Practice Concerning US Extradition Requests in Cartel Cases. Journal of European Competition Law & Practice,.

Sharon A. Williams, 1992. The Double Criminality Rule and Extradition: A Comparative Analysis. Osgoode Hall Law School of York University.

Crime Theories

Cybercrime

 

 

Police brutality in the US: causes and policy implication

Pages:4

Literature review

Police brutality has a history of being recurrent in many parts of the world but it is sad and ironic that United States may be one of its severe examples. Its causes, consequences and policy implications have been elaborated in this section. Various scholars have done the same.

Police brutality

Police brutality is the abuse of authority and infliction of uncalled for force upon civilians, practiced by the police. It is intentional and meant to hurt the civilians. In the United States, police brutality is becoming increasingly common. It is often confused with police discretion, which is the ability of police to exercise control in light of the law over citizens who are not abiding it. Police brutality is a severe issue whose many experts of law and criminology have studied implications and causes.

Police brutality in the United States

There is a long history of police brutality in the United States. There have been many protests and demonstrations from the civilians. Complaints have been filed to the authorities to look in to police departments but to not much avail. The book by Jill Nelson called Police Brutality: An Anthology records different events in America from the 1980s and 1990s. Jill mentions how 2,234 complaints were filed against police brutality at the hands of New York Police Department NYPD in 1999 alone. A federal investigation was in order (Nelson, 2001). This is one example out of many others that have been recorded and many that haven’t been.

Communities being affected

Police brutality is especially prominent for the black community in America. Jill Nelson talks about how the image “Black male predator” is so commonly accepted that police brutality and violence against black men is seen as a normal thing in the American society (Nelson, 2001). Katie Nodjimbadem in her article mentions how just in 2016 233 African-Americans were shot and killed by the police (Nodjimbadem, 2017). She has also recorded how they are the 24 percent of American population that are fatally shot dead by the police. Scholars Alang, McAlpine, McCreedy and Hardeman talk about the predominant white supremacy that plays a significant role in racial discrimination when it comes to treatment from the police. While whites often receive protection from the police even at times when they are in the wrong, blacks face a lot severer police brutality. This racial discrimination is present throughout the US law enforcement system (Alang, McAlpine, McCreedy, Hardeman, 2017).These scholars also discuss the negative impact on public health which is brought on by police brutality. Mortality rate increases for the black community, psychological and mental health issues increase in the younger generation especially, stress and anxiety increase with financial, legal and medical issues (Alang, McAlpine, McCreedy, Hardeman, 2017).

Causes of Police Brutality

There are many factors that encourage police brutality in the United States. These factors have been studied by many experts and scholars. Misconduct is very common in police discretion in America. Hagan, John, and Ruth D. Peterson in their book called “Criminal Justice Theory: Explaining the Nature and Behaviour of Criminal Justice” have tried to categorize the behaviour of police in different scientific concepts that are social, political and psychological, organisational and others (Hagan, John, Ruth D. Peterson, 1995). All of these play an important role in the existence of police brutality. Newman and Obasogie in their research paper also talk about police brutality, its causes and how it’s a deterrent of public health. According to the authors, force polices practiced by the police make them the choose the wrong course of action when dealing with possible offenders of law. these policies favour violence over safety of life which is why the polices need to be revised (Newman, Obasogie, 2017). Other reasons may include: Superior police officers expect the inferior ones to follow them and also to maintain a sort of unity amongst each other so that no scandals go out there. The concept of power is also quite blinding for many police officers who feel invincible in front of innocent civilians and exercise force that was completely unnecessary. In the America of today, police officers don’t have cameras or audio recorders in the cars. So the police department can’t keep an eye on them, and they proceed with unjust police brutality.

Policy Implications

It is imperial that measures are taken to stop police brutality in America. However, this is a very difficult task to achieve especially in a short time. There needs to be investigation in police departments to observe how the people are being treated. Federal policies regarding police should be revised and more strictly implemented. However, it is also very important that the societal mindset also change regarding the black community. According to Victor, Richard and Geoffrey in their paper mention that police brutality is never going to end if the racial mindset isn’t abolished (Victor, Richard, Geoffrey, 1998). They also believe that the police should be given proper training on how to behave with civilians. They should know where to draw the line (Victor, Richard, Geoffrey, 1998).

One could say that there needs to be policing of the police in the United States in order to reduce instances of brutality and to follow proper course of action regarding police discretion.

 References

Obasogie, O. K., & Newman, Z. (2017). Police violence, use of force policies, and public health. American journal of law & medicine, 43(2-3), 279-295.

Alang, S., McAlpine, D., McCreedy, E., &Hardeman, R. (2017). Police brutality and black health: setting the agenda for public health scholars. American journal of public health, 107(5), 662-665.

Hutto, J. W., & Green, R. D. (2016). Social movements against racist police brutality and Department of Justice Intervention in Prince George’s County, Maryland. Journal of Urban Health, 93(1), 89-121.

Geller, W. A., &Toch, H. (Eds.). (1959). Police violence: Understanding and controlling police abuse of force. Yale University Press.

Skolnick, J. H., & Fyfe, J. J. (1993). Above the Law: Police and the excessive use of force (pp. 198-205). New York: Free Press.

Kappeler, V. E., Sluder, R. D., & Alpert, G. P. (1998). Forces of deviance: Understanding the dark side of policing (Vol. 2). Prospect Heights, IL: Waveland Press.

Maguire, E. R., &Duffee, D. E. (Eds.). (2015). Criminal justice theory: Explaining the nature and behavior of criminal justice. Routledge.

Nelson, J. (Ed.). (2001). Police brutality: An anthology. WW Norton & Company.

Nodjimbadem, K. (2017). The Long, Painful History of Police Brutality in the US. Smithsonian. July, 27

Crime Theories

 

Cybercrime

Pages:3

Many of the facets of cybercrime can be converged with the traditional crime which means that some of the cyber-crimes could be considered traditional and do easily fall into such traditional categories of criminal activity. This is because every conceivable crime today is cyber in nature. The most ardent example is the Internet of Things which facilitates the commencement of traditional crimes through breach of cyber security. The concept of interconnecting various devices with off and on switches with the internet is called the Internet of Things (Security Alliance, 2017). Hackers can breach the firewall of a port’s computer networks to get the illegal drugs out of the port without detection. Thus hackers can infiltrate the system to access secret codes to enable containers to be collected by unauthorized personnel. An instance like this happened at a Belgium port in 2011. Thus cybercrime can be used to increase the operations of traditional crimes. Cybercrimes present the traditional criminals with numerous opportunities such as Mafia groups using cyberspace for criminal activities, terrorist organizations freelancing hitmen, etc.(Security Alliance, 2017)

The Mafia groups can now outsource cybercriminals and promote the Mafia groups and their activities through the dark web. The dark web refers to data or information present on websites which regular or standard internet search engines like Internet Explorer or Google cannot access. The dark web provides a portal for traditional criminal activities such as hiring freelance hitmen, murderers, hackers, terrorists, etc. (Dolliver, 2013). The modus operandi of cybercrimes is the same as that of traditional crimes. Just as robbers steal money from the banks, cyber-criminal groups hack into the networks for stealing immensely important data. The scale of cybercrimes and traditional crimes can be different in the sense that the scale at which cybercrimes are committed is vast as numerous gigabytes of data can be accessed easily.

The main advantages of separate criminal statutes are that some of the traditional crimes which have been made easier to commence because of internet-enabled technologies can be curbed. For example, countries such as Japan, China, and Germany have changed the provisions of their criminal code for combating cybercrime because existing laws which are designed for offline or traditional crimes cannot be specifically used to curb cybercrimes(Dolliver, 2013).

Cybercrimes create new domains of illegality which is why specified laws must be upheld so that the asymmetrical nature of these crimes can be combated. Criminal statutes allow law enforcement and security officials to emphasize keeping the localities online safe. These laws allow the security officials to use preventive intelligence to not only create firewalls against the threats but also allows the enforcement agencies to track the localities of the sources that might cause cyber threats to individuals and other organizations. Specialized cyber laws empower government departments in the retention of official data and help organizations to keep the sensitive information of citizens safe. (UNODC, 2016)

References

Dolliver, D. S. (2013). HOW CYBERCRIMES CHALLENGE LAW ENFORCEMENT

 . Scholars Strategy Network , 3.

Security Alliance. (2017). The Convergence of Cybercrime and Traditional Crime. Retrieved 2019, from https://www.secalliance.com/blog/convergence-cybercrime-traditional-crime/

UNODC. (2016). The role of cybercrime law. Retrieved 2019, from https://www.unodc.org/e4j/en/cybercrime/module-3/key-issues/the-role-of-cybercrime-law.html

Problems of Children Being Abused

Pages:3

Related Keywords: Child abuse essay, child abuse research paper, child abuse prevention essay, child abusing in India essay

Child abuse essay, child abuse research paper, child abuse prevention essay, child abusing in India essay
Child abuse

Unfortunately, child abuse happens to be very common throughout the world. There are many different types of child abuse and many different reasons for the ongoing abuse. “Since 1999, the majority of children confirmed to be victims of child maltreatment experienced neglect being at 62.8%, Physical abuse 16.6%, Sexual abuse 9.3%, Emotional/psychological abuse 7.1%, Medical neglect 2.0%, and Other at 14.3%” (“Child Abuse and Neglect Statistics”). Whether the abuse is mild or severe, it is all abuse and can affect how a person thinks and feels.

Many people look at a family and assume since the family looks kind and put together, no abuse happens in it. This is very stereotypical. Child abuse can happen in a family, whether they look like a “perfect” family or not. A perfect family is typically looked at a lot differently than a “bad” family. People associate poor, non-wealthy neighborhoods with crime and child abuse. Well, unfortunately, Child abuse is all over the country and not just in poor neighborhoods and families. It is not only based on the particular race, cultural or economic group. Many families hide what is really going on and try to appear as normal as possible. Embarrassment, shame, and pity are very fearful and are commonly used. Many mistake child abuse as only kidnapping and strangers. In reality, anyone can be a child abuser: Strangers, family, caregivers, family friends, babysitters, etc. Abusers are commonly thought of as having been abused during their childhood as well. which can potentially influence them to become abusers when they have children. However, there are many adult survivors that want to change and stand for what has happened to them by using a child who is being abused by protecting them. They know what it is like to have gone through the abuse at such a young age and they sympathize with them. They are usually motivated to help them and typically go into a career path doing so, whether it’s teaching, therapist, doctors, etc. There is not one single age, race, or gender that associates abuse. “The victimization rate for girls was 9.7 per 1,000 girls younger than age 18, and the rate for boys was 8.7 per 1,000 boys younger than age 18.” According to the same source, “In 2010, most victims of child maltreatment were white (44.8%), followed by black (21.9%) and Hispanic (21.4%). Children of multiple races (3.5%), American Indian/Alaska Natives (1.1%), and Asian/Pacific Islanders (1.1%) accounted for a substantially smaller proportion of victims” (“Juvenile Offenders and Victims: 2014 National Report”). This shows that child abuse is never targeted, sexist, or consistent, it is completely random and can happen to anyone.

Child abuse is a continuing problem and is impossible to stop throughout all of the countries. Child abuse comes in many forms; physical maltreatment, sexual molestation, or mental abuse. Physical child abuse is a form of non-accidental trauma caused by the perpetrator. Some traumas include, “punching, beating, kicking, biting, burning or otherwise harming a child” (“Child Physical Abuse”). This type of maltreatment is the most noticeable form, unlike children being sexually abused. Sexual child abuse may not be as detectable as physical child abuse. When a child is being abused sexually, it is when the abuser touches the children in their private places. Children look up to their adult figures to be trustworthy and role models; this is why kids usually end up following through with the abuse. Another form of child abuse that isn’t easily detectable to emotional child abuse. “Child emotional/psychological abuse is defined as behaviors, speech, and actions of parents or other caregivers that have a negative mental impact on children” (“Child Emotional/Psychological Abuse”). You never know what is being said behind closed doors. Child abuse is not just about the broken bones, bruises, cuts, or physical appearance that is made. Being emotionally abused and neglected is just as dangerous and harmful. It scars the children, but in an abstract way instead of a concrete way. “The U.S. has one of the worst records among industrialized nations, losing on average between four and seven children every day to child abuse and neglect”(“Child Abuse, Domestic Violence Month noted”). Emotional abuse is very deep and may affect a child more in the long run, maybe becoming depressed, anti-social, or losing trust in everyone. Mentally and emotionally abused children take a lot of time and help to recover, depending on the degree of abuse they’ve gone through and who that person is individual. “More than three million reports of child abuse are made in the United States that involve over six million children a year. Nearly 70% of children who die from the abuse are four years or younger. More than 90% of the juvenile sexual victims know their perpetrator in some way”(“Child Abuse Statistics”). Children who experience child abuse and neglect are more likely to become violent and interact with criminal activities.

Child abuse happens because people often tend to believe that abuse is only physically leaving marks, scars, or “proof” of physical abuse left behind. People are less likely to intervene in more subtle child abuse cases because no physical mark is left. Often more than not, people classify abusers as bad people. Therefore “only bad people abuse their children”, but that is not always the case. Some abusers are not intentionally harming their children. Some abusers sometimes may think that what they are doing is right, because that is the way they were taught, raised how to be, and act properly. That is all they know about parenting because that I what happened to them. Some may just have some mental issues, causing problems for them to be coherent, and initiating a lack of knowledge for parenting. Substance using people can be a problem of causing each form of child abuse. People are taught how to be parents, how to raise a child, and how like a role model for them. Everyone was taught, raised, and have learned differently. Learning how to take care of a child and provide for one is more tedious than learning how to do a household chore such as cleaning the dishes. Child abuse investigations, each year are reported to the Child Abuse Central Index, also known as CACl. These reports are submitted by county welfare and probation departments. The CACI was created by the Legislature in 1965. This was to protect the health and safety of children, mainly in California.

Child abuse has many causes including, as a childhood symptom of mental illness in parents, as the culmination of a lifelong experience of violation towards the caregiver, of environmental and social stresses on the family, and the society’s acceptance and promotion of physical violence. In order to select which factors to study, researchers must exclude other factors. Clinicians, facing a variety of distinctive life events, personal characteristics, and unique circumstances of the families and children they serve, are not always content with the explanations of the origin or child abuse found in the research literature. Child abuse and child neglect involve a variety of childhood injuries that are believed to be derived from parental acts of omission or commission. Although the prevalence of child abuse is unknown, the concern regarding the consequences of abuse is, for individuals and for our society, is universal.

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