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History of law enforcement pdf
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Essay on the History of Law enforcement in the United States
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Good Intentions Lead to Nowhere
The first statutory rape laws were originally established in England in 1275 to protect young ones from sexual violence from older predators. This original law set in England was set at the age of marriage, which at the time was 12. Anyone who was sexually involved with a person under the age of 12 was to be criminalized, whether there was consent from both parties or not (Robertson). Statutory rape laws are often referred to as age of consent laws. As the nick name would suggest, age of consent laws dictate at what age an individual is legally old enough to consent to sexual actions. These laws, which vary from state to state and country to country, establish at what age the government deems an individual
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mature enough to make such a personal decision in regards to oneself. The laws dictate the point in an individual’s life when they pass on from being considered an incapable child to being a capable and responsible adult.
The fact that the actual age of consent varies all over the world from age 13-18 is evidence to prove that there are many different opinions in regards to when an individual is considered mature. Statutory rape laws have slowly been morphed into laws that are being used as an attempt to stop unwanted consequences from teen sex. This is where many opposing views arise. Statutory rape laws are being abused by wrongly convicting teens engaging in consensual sex as an attempt to help prevent the unwanted consequences of teen sex.
When considering what the age of consent should be, there are many who look to other laws that have age limitations. Kelsey Watchman, a high school student from Canada that was runner-up in the 2009 Glessen High School Ethics Essay Competition, outlines her stance on the age of consent in her essay titled “YES: This is not simply a moral issue.” Her beliefs are based off the notion that society is responsible for the protection of the youth, particularly from themselves. Watchman believes that laws can help protect the youth as a society. She points out that there is a regulated age for actions such as
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the consumption of alcohol, voting in elections, and gambling. The regulation of age for these acts suggest that at the age of 18 a person is considered responsible enough to make impactful decisions in regards to themselves. It can also be assumed that individuals under the age of 18 are not considered mature or responsible enough to make such decisions on their own regarding those actions. From this observation, Watchman concludes that at the age of 18 individuals are able to make more informed and responsible decisions about sex because at this age, on average, the maturity level of individuals are higher than those of a younger age. When attempting to pinpoint someone’s responsible level of maturity some take physical maturity into consideration. In her essay, Watchman establishes her opinion that “Physical maturity does not equate to psychological maturity” (1). She goes on to explain that when individuals who are not psychologically mature choose to make poor decisions regarding sex, they often find themselves unable to handle the consequences of their actions such as parenthood and diseases. While education about contraception and sexual health is important, the writer of this essay feels as though there is still more that society could do to protect the young. Watchman concludes her essay by outlining that only the answer to the unanswered question of what the correct age persons are considered mature enough to make decisions can solve the controversy surrounding the topic. Dan Jarvis, the research and policy director for the Michigan Family Forum, shares similar views with Watchman on the age of consent in his article “Raising the Age of Consent Would Protect Youth.” He too believes that the age of consent should be 18, but not quite for the same reasons Watchman has.
In the beginning of his article, Jarvis lays out facts that shows his audience the rate of pregnancies, abortions, and cases of STDs in minors. Jarvis uses statistics to support his argument that a higher age of consent would help protect the youth from making poor decisions that lead to unwanted consequences. To prevent these unwanted results from teen sex, Jarvis proposes that the age of consent be raised to match the age of marriage. Jarvis states “Minors are simply too young to consent knowledgeably to sex and its potential pitfalls” (1). Jarvis believes that at young ages minors are not able to easily deny older manipulative adults. He feels that if the age of consent were raised to match the age of marriage then individuals would have smaller chances of having unwanted pregnancies, STDs, and abortions. Just as Watchman mentions in her essay, Jarvis also mentions how those who are 18 years of age or older are legally able to smoke, purchase lottery tickets, and get tattoos. The government has made a link to the age 18 that suggests individuals are mature enough at this age to make important decisions regarding their
well-being.
...who reflects on his or her own teenage years: Young teens lack the maturity, independence, and future orientation that adults have acquired” (Stevenson, 2014, p. 268). Bryan tries to explain this to the court as a way to prove that trying children as adults is unethical.
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
It is ironic that how some children are able to present themselves more mature than adults. The youth of the generation is becoming more mature and are developing adult skills faster than ever. People are beginning to wonder about the age of adulthood and how it should be determined. This controversy beleaguers around privileges such as drinking, driving, and voting. According to the article What is the Age of Responsibility by Alan Greenblatt, society determines that a person is an adult through customary rites, legal rights, and one’s responsibilities. However, I believe that the best way to adulthood is shown through one’s obligation for their priorities and work.
Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).
The age-of-consent campaign came about during the late 19th and early 20th centuries, which was designed to protect young innocent girls from vicious men who prey on the young (Stacy L. Mallicoat, pg. 280). Before the campaign the legal limit of consent was 10 and 12 in 1885. In most states they ended up raising the age limit in 1920 to 16 or 18. They tried training females for marriage, but the juvenile system punished girls and denied them the right to express themselves sexuality. This movement forced girls who had sex outside of marriage to get a gynecological exam to make sure they are not spreading any diseases around. A lot of the time when this movement was strongly enforced, if a woman went to a trial it really used their previous sexual encounters in front of the jury/judge which also played into victim-blaming. Using this approach allows guys to feel like they can get away with rape and other violence towards females since all they are going to do is blame the intercourse on the woman tempting the guy to have sex with her. This also lets the male have more sexual freedoms than women did. More likely if a female was caught having sex outside of marriage, they were sent to juvenile detention, which on average they spent about three times longer than their male counter-part did for the same
Common sense seems to dictate that statutory rape laws are too tough on teenagers. Most people in our society do not realize that they break the law everyday. It is often said that statutory rape is committed a lot more than the people hear about. Teens that go to the same school as their younger mate, are getting arresting for the consensual interactions that they are doing. Statutory rape is when someone underage is sexually active with an “adult” meaning 17 or older. It has become more serious in some cases more than others. Teenagers between the ages of 14 and 18 go to high school together; therefore, some will get involved with one another depending on their feelings. The law of statutory rape is impacting our society by the law arresting teenagers and charging them like they are adults, when it is not their fault; they go to school with the minors. After looking at all the research, it seems as if they charge teens more than they charge the actual adults (of ages 20 and older). Law officials should think twice before arresting teens who are still in high school and have not done anything truly wrong; they should start putting more fault on the actual adults that know better.
In the Unified States, the two adolescents and grown-ups might be accused of wrongdoings. Both are qualified for be made mindful of the charges and to have lawful portrayal. The attorneys in either an adolescent or grown-up criminal court have the privilege to question and interview witnesses. Additionally, both adolescent and grown-up respondents are shielded from self-implication. Past these likenesses, these two frameworks of equity are very extraordinary. In many states, an individual accused of a wrongdoing who is between the ages of 10 and 18 is viewed as an adolescent. In any case, a few states set a furthest utmost of 16 or 17 years old for adolescent court. Should the respondent be blamed for an especially intolerable wrongdoing, there is the likelihood
This case study is evident that young girls are much more aware of their sexuality and their consent. Many young girls participate in weekend socialising, drinking and using drugs with men, who consequently believe these girls are at the legal age of consenting to both sexual intercourse and drinking alcohol, only when these young girls go too far is when rape is cried.
X was not raped under the extrinsic test because to be committing rape under the extrinsic test, the rape should occur under an act of force beyond the physical effort which required to achieve sexual penetration. Even though, when Y and other team members tell X that X must submit to hazing, X agreed to whatever is involved. Then again, X withdraw X consent during the sexual penetration. However, under the extrinsic test the law limits the liability. On the other hand, X was raped under the intrinsic test. Because Y and other team member employed little force to achieve sexual penetration. X has the strength and stamina, which may have helped X to fight back. X continues to submit to the penetration without any physical resistance. Furthermore, the prosecutor should ask X at trial if two days prior to the alleged hazing if X and W engaged in a physical, loving relationship. The Rape Shield Statute will not prohibit this question. knowing the cause of the bruises is relevant evidence that is valuable in determining a defendant guilt or innocence.
Most teenage girls cherish the moments when they start to reach the age of puberty. Reaching the age of puberty means a lot for them: they are now consider a woman; which is, where their bodies are now able to reproduce. Reaching Puberty not only signifies maturity or being able to reproduce but also, signifies a major hormonal change that may possible lead to sexual maturation. In addition, puberty also accompanied with major physical growth and development of the brain; which is still diminutive for minor. One of the major attribute of puberty is that it enhances the body. Because of the physical attribute that a female-teens develop as result of puberty or (maturity), they are now seem as an actual adults or they are now seen as fair game for adults and juveniles. While according to the law, having sex, assault or anything of nature, with an underage person (minor) is, consider statutory rape. Even if the sex may not be forced or compelled, it is legally looked at as a nonconsensual under the statutory rape law code. Different states address sex with minors differently, based on the current statutory rape law, some states are working diligently to enhance the way the carryout statutory rape laws to offenders’ while some are lacking extremely on the issue, which are leading to some mutinous social problems.
How could we let this happen? What kind of education system fails to teach young adults about consent? It dawned on her that consent should be something that is taught from a young age just like other life long skills such as punctuality, respect, tolerance and love. Desjardins becomes to understand that although something like consent would be included in the sex ed curriculum it doesn’t necessarily mean that it needs to be taught in a sexual context in the primary years. These are not lessons that can be taught in one day but rather be integrated by conditioning and instilling life long values of what consent
When an individual turns 18 they are seen more as an adult and take many adult decisions. This person also gains many rights such as the right to vote. If someone who is 18 gets into trouble they will also get tried as an adult and get consequences such as going to jail. The maturity factor has been looked at in many of the articles but one stuck out to me such as “The “old enough to fight, old enough to drink” argument has force. In fact, 18-year-olds in America are old enough to do pretty much everything except drink. Along with joining the military, 18-year-olds can vote, marry, sign contracts, and even take on a crippling lifetime burden of student loan debt in pursuit of an education that may never land them a job. Yet we face the absurd phenomenon of colleges encouraging students to go into six-figure debt—which can’t be discharged in bankruptcy—but forbidding them to drink on campus because they’re deemed insufficiently mature to appreciate the risks” (Reynolds A17). These facts opened my eyes and made me for sure for to lower the age of drinking to age
Walking in the dark rapidly so no one sees you, being nervous when in a company of a man alone, and knowing that your safety can be in jeopardy at any moment. If that doesn’t sound familiar to you, then consider yourself lucky. Women across the globe have these fears or at least have had them once in their lives. Imagine going through a traumatic experience such as rape, and being blamed for it, unfortunately it’s not an imagination, but a reality in the rape culture we live in. Police asking rape survivors what were they wearing when they got raped isn’t new, our culture blames the victim instead of prosecuting the assaulter. According to Criminal Defense Lawyer, Rape is illegal in the United States, and can be punished from a year to lifetime
Even though it is not possible for someone other than the two people who were in the situation to know what really happened, the penalties for statutory rape should be dependent upon the individual case because it would protect the kids’ futures and help keep a balance between the serious and the less invasive crimes.
The glamorous side of sex is everywhere; music, tv shows, movies and social media. To a mature adult, it is easy to ignore the sexual messages in those outlets. However, to a teenager, going through mental and physical changes and peer pressure, it is extremely easy to fall for what is shown to “cool.” Everyone has fallen for half truths to be cool in their teenage life. It just so happens that teen pregnancies and STDs are not one of those things that one can simply walk away from. Babies and STDs leave a lasting effect on everyone involved. The National Conference of State Legislatures states: