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Law Admission Essay 3

Pages:2

Essay 3:

Privilege is a concept still unknown to many people out there. We often forget that what we have today is not necessarily a fair result of our hard work, but it isalso our elders’ hard work whose fruits we tend to enjoy. Our professional and financial positions speak a lot about ourplaces in society. People who do not fit specific standards set by the society get treated as social outcasts and misfits. It is unfortunate to say that this so-called standard is dependent mainly on the availability of money the person can generate regardless of the “how” process. What is even sadder is the fact that the world is a cruel place for those who are not rich when, in fact, the world should be more thoughtful towards them. Everyone feels the need to get validated, but it seems that validation is also easy to come if you have money. Monetary issues can be solved if more employment opportunities get created and special compensations are given to those who are deserving and in need. It is also possible at times that employment maybe available, but since it doesn’t help further learn newer skills, at that moment, the person decides to stay jobless because it seems to be a more efficient allotment of resources. In the same manner, I also took a gap after my degree in law completed. I needed my time to clear my head out and decide what I can do in the future. It is crucial that decisions such as taking a gap are not discouraged and frowned upon by our colleagues and the society at large. It is not okay to pressure someone into something when they have to make life decisions. I have trained myself not to be too affected by how others feel and think about me. And I think that this is a considerable achievement being a young adult. We derive our validation from people knowingly or unknowingly. But we must derive that validation from ourselves foremostly. My gap year also taught me how to be vigilant towards available resources. At that time, I learned the process of conservation and minimalism. We have a knack for both wasting things and piling up useless things. When I get landed with a leadership role, these are the two things that I will prevent as much as possible.

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

 

 

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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