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The importance of the courts in the criminal justice system
Responsibilities of the court system
Influence of protest
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The United States follows ‘Common Law’, which is the following of the law as it evolves over decades and centuries of precedent through our court system. These laws have been carefully passed with litigation and debates, and are carefully thought out with impact on the people and include principles of honesty, fairness, respect, loyalty and duty1. If an individual or group of people feel they are being unfairly treated, they can protest the law but should continue to obey the law and respect the consequences of breaking the law.
The media would like to portray the current immigration protests as peaceful. However, the people that are protesting the immigration order are often disrupting businesses and destroying property. It is also important to understand if the protests are truly warranted or just another political maneuver by party opposition. For example, protests over Donald Trump were discovered to be paid for by Hillary Clinton and her supporters2. As more of these tactics are revealed, it weakens the protests that are genuine with the American public.
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In another example, in 2010 the tea party peacefully protested against the Affordable Care Act (Obamacare).
This highly partisan bill was eventually passed into law, but the peaceful protests kept the debate alive through the 2016 presidential election because of its unpopularity among the taxpayers and voters of this country. The democrats in power passed the law without fully understanding the impact on the average taxpayer in this country3. But in this instance, people protested the law being passed. Once the law was passed, the protestors still obeyed the law but have not stopped their opposition. The issue is so divisive that many democrats lost their Senate and Congressional seat since its
inception4. In the great history of the United States, there have been some good examples of peaceful resistance that left a positive impact on society – including acts from Rosa Parks and Martin Luther King Jr. Their peaceful protests had a positive impact on society and they were able to change laws. These changes have occurred mostly due to the violation of civil rights that are protected by the U.S. Constitution. However, protests in the modern day are rarely peaceful, and the aggrieved are rarely punished for breaking the law. A mutual respect is necessary among all parties involved to achieve a positive change. Although peaceful resistance to laws have changed laws in the past, overall, it has a more negative impact to a free society in modern times.. We are a nation of laws and we are not allowed to pick and choose which laws are obeyed. If a law is considered unfair or unjust, lawmakers can take the matter up and debate the issue to see if the law needs changing. Even if the protests are peaceful, it sets a poor precedent for future laws and lawmakers. As a free society, if we notice we need change to laws, we should go through how our past civil rights movement leaders followed through with it.
Recently illegal immigration has become a very pressing issue among people. Many people around the borders are being greatly affected by the issue and think immediate action needs to be taken to put a stop to the issue. The Documentary Border War: Battle Over Illegal Immigration takes a stand on the issue using many examples of pathos, ethos, and logos to try and persuade people that illegal immigration is a very serious issue and we need to put a stop to it. This documentary follows the lives of people who have been affected by illegal immigration, and explains how they feel about the issue. Another way that people can look at the issue of illegal immigration is through the eyes of the immigrants, and the reasons why they might be trying migrate to another country. The documentary Wetback: The Undocumented Documentary focuses on the issue from this point of view. This documentary uses pathos and logos to show the lives and hardships of those people who are trying to migrate to a new country. Although Wetback used many examples of pathos and logos to show the struggles of the migrants, Border War did a better job showing pathos by following the lives of people who were affected by the illegal immigrants they were also very persuasive with ethos by following credible people.
by the people trying to pass this bill. But how did the bill become a
In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for “organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).” The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. Otherwise, the citizen would get corresponding punishment for jail, community service or even death for most states. However, the case of Gitlow vs New York happened in 1925 that majorly argued about the U.S citizens’ guaranteed freedom of speech in the First Amendment of Constitution and the New York State’s Criminal Anarchy Act.
If DACA increases fractionalization relative to polarization, for example, its economic effects will be positive. If the opposite occurs, its effects will be negative. Yet DACA’s effects arguably depend on the time span in question. During the short run, DACA likely leads to resentment among native-born citizens. Like any controversial policy, DACA can inflame passions and lead to unproductive political disputes – particularly among those who believe that DACA’s beneficiaries ignore the “rule of law” at the expense of legal immigrants. As people move on to other issues, however, the uptick in polarization caused by DACA will disappear. More importantly, immigrants will become less afraid of the government and participate more in mainstream society, leading to increasing levels of
In a democracy, people choose representatives to lead and govern. However, these representatives might take unpopular steps. In such instances, the people may show their disapproval of a policy and vent their grievances through acts of civil disobedience. Henry Thoreau said, “It is not desirable to cultivate a respect for the law, so much as for the right.” It is both the right and responsibility of a person to fight an unjust law, and civil disobedience allows one to convey his thoughts and ideas in a passive, nonviolent way.
The law, you'd think it would be common sense to follow your state, and country laws, but sadly, many people break our country's laws on a daily basis. "Disobedience to bad laws can sometimes jolt democratic processes into motion." Says Charles Frankel in his article Is It Right to Break the Law? Now, a democratic process, seems like what we need in this country. We need everyone to have equal rights, and though the government says everyone has equal rights, I don't think that's true.
The United States is in the midst of a major debate over immigrants and their place in our economic and political life. As during other times in our history, immigrants, are being blamed for causing or contributing to the social, economic and political ills of our society. Politicians from both major parties, at both the national and state levels, are promoting a range of punitive legislative proposals that single out immigrants for adverse treatment by the government. Many violate basic civil liberties principles.
The United States of America, being a country founded by immigrants, is known all over the world as the land of great opportunities. People from all walks of life travelled across the globe, taking a chance to find a better life for them and their family. Over the years, the population of immigrants has grown immensely, resulting in the currently controversial issue of illegal immigration. Illegal immigrants are the people who have overstayed the time granted on their US, visa or those who have broken the federal law by crossing the border illegally. Matt O’Brien stated in his article “The government thinks that 10.8 million illegal immigrants lived in the country in January 2009, down from a peak of nearly 12 million in 2007.”(Para, 2) While some argue that illegal immigrants burden the United States of America and its economy, others believe that they have become essential and are an important part of the US, economy.
There are three different types of illegal immigrants: fraudulent entrants, visa abusers, and those who enter without inspection (EWIs). Eighty percent of illegals run the border and are known as EWIs (Anderson 54). When people hear the term “illegal immigrant” this is the type people typically think of. Some illegal immigrants are "visa abusers" who overstay their visas (Anderson 54). The Department of Homeland Security estimates that 300,000 people overstay their visas every year (Marcovitz 30). The other type of illegal alien is a "fraudulent entrant" who pays a fortune for forged documents (Anderson 55). Because illegals usually have very little money, this method is the...
The bill was debated and negotiated for nearly six years in Congress, and finally passed amid unusual circumstances. Several times in the legislative process the bill had appeared to have failed, but each time was saved when a couple of Congressmen and Senators switched positions on the bill. The bill was introduced in the House of Representatives early on June 25, 2003 as H.R. 1, sponsored by Speak Dennis Hastert. All that day and the next the bill was debated, and it was apparent that the bill would be very divisive. In June 27, a floor vote was taken. After the initial electronic vote, the count stood at 214 yeses an...
Our client Ms. Melody Larson (“Ms. Larson”) has contacted our office to seek advice on whether she has any legal recourse. She wants to have Ferdinand Sahayko (“Mr. Sahayko”) to stop his operation of the industrial plant he owns or making him handle the operation in a way that will allow her to be able to return to do business as before. This determination will be based on whether the operation Mr. Sahayko’s plant constitute a nuisance under the laws of Florida.
On the other hand, many people like Michelle Malkin strongly believe that lawmakers should reject the bill and preserve the status quo because the bill would create “advantages for illegal immigrants over the many US-born students who struggle to attain higher education” (Malkin). While both worry about the equality of students in the U.S., they both disagree on whether illegal immigrants deserve the
The harsh bills approved are not only against the illegal immigration but also, can have many negative impacts on the legal immigrants. (Ejera, 3) The bill would tighten the borders and also, lead to the deportation of illegal immigrants who commit crimes. But, it seems like that bill will affect the family immigration and also the legal immigrants to receive many public benefits. Many argue that these bills are not only attacking the illegal immigrants but also the rights of legal immigrants to be the part of the American society. The rights of the legal immigrants should be protected. Combatting with the problem of the undocumented immigrants should not jeopardize the dreams and rights of the legal immigrants.
The fate of environmental litigation in Budden v BP Oil and Shell Oil (1980) 124 SJ 376 amply demonstrates the inherent difficulties of actions in nuisance and negligence for damage suffered as a result of environmental harm. The plaintiff claimed damages, alleging nuisance and negligence, for harm alleged to have been suffered as a result of lead pollution caused by emissions from petrol during the refining process. The defendants applied to have the action struck out as disclosing no reasonable cause of action. It was clear from the evidence that the plaintiff had suffered no more harm than any other small child living near a main road might suffer and thus no claim in nuisance could lie. The court of appeal rule accepted the argument put forward by the defendants that they had complied with the relevant statutory provision under the Control of Pollution Act 1974 thus the statutory standard establishes the common law standard. Thus the action in negligence also failed because the defendant companies had at all times complied with the regulations laid down by the secretary of state under the Control of Pollution Act 1974. This case shows how legislation can have an adverse effect on pollution control because if legislation sets a certain standard that turns out to be too great and leads to environmental damage then the
It’s amazing that every aspect of our lives is dictated by “LAWS”. Our society has accepted these laws as truths. People need to be more informed on their rights as human beings. For example, ever notice your name on your driver's license is all in capitals, this is known as Capitus Diminutio Maxima, (Kymatica) which means we are considered a corporation, or artificial person and not a natural human being. Meaning we are considered, still to this day slaves to the government. People need to spread the word to make this change in our society, wake up and educate themselves and truly learn and understand what it means to be free natural human beings.