Law

Contracts

Contracts under seal were applied traditionally, and involved the agreement between different parties being signified by a binding seal on the contract document. This ensured that every party in the contract assumed legal responsibility and liability without having to offer any legal detriment. The importance of contracts under seal has diminished over the years with the acceptance of some of the informal contracts by law (Hearn, 2011).

An implied contract may be established where there is a mutual agreement to assume responsibility even in the absence of words (Kulakowski & Chronister, 2008). This should not always mean that a contract, which is implied by law, must be an implied contract.

An express contract is characterized by a statement of terms by all the parties during its formation. These terms have to go through the normal process of offer and acceptance where all parties must have consent over the terms of the contract while being of sound mind (Schinasi, 2006).

An executed contract identifies a particular act that the parties involved are not obligated to perform. This means that in the case of completion of the underlying act as per the contract agreement, the contract ceases to apply and is assumed to be null and void.

Bilateral and unilateral contracts involve the exchange of mutual promises over a particular act. Where all the parties make reciprocal promises, it is considered a bilateral contract, but where only one party is bound by his or her promise it is called a unilateral contract (Kulakowski & Chronister, 2008).

Unconscionable contracts are identified to be in favor of a superior party and unjust to the other parties. These involve provisions that no mentally competent individual may be in a position to accept, which means most of the victims of such contracts are those who do not have an understanding of the subject matter (Hearn, 2011). The applicability of such a contract is identified differently by different courts in the remedy of injured parties who have been exploited under the contract.

Adhesion contracts are presented by a superior party to another party and require adherence to the terms of the contract the choice in this case is usually acceptance or rejection of the terms with no room for negotiation whatsoever (Schinasi, 2006).

An aleatory contract is an agreement between parties that remains inadmissible until a particular event occurs. An example is an insurance contract bound by the occurrence of a particular loss.

The perfect contact

The development of government contracts has to be in line with the set government transaction laws such as procurement laws and labor laws (Hearn, 2011). This ensures that there is a basis for public accountability unlike in the case of contracts between two private entities. This is also identified under the statutes of frauds as they are outlined in the public accountability regulations. The following is an example of a perfect contract between a government officer and a contractor.

Subject matter (…………………………………………..).

A

I,…………………………………….., (Title of the Receiver of Revenue),…………………………….. hereby authorize………………………………………. to sign the contract between the ……………………………………….. office and……………………………………………………………………………. for

(Brief description of the particular contract)

(Signed)…………………………………………………………………

(Title of the Receiver of Revenue).

B

I,……………………………………………….., Title of the Receiver of Revenue,…………………………………….., hereby authorize…………………………………., to sign on behalf of the ………………………………….(Indicate public office) any contract (in his/her department) below a value of………………………………………….., (or as the case may be).

(Signed)

…………………………………………………………………

(Title of the Receiver of Revenue).

References

Hearn, E. (2011). Federal Acquisition and Contract Management. New York: Hearn Associates.

Kulakowski, E, & Chronister, L. (2008). Research Administration and Management. New York: Jones & Bartlett Publishers.

Schinasi, K. (2006). Contract Management: Increased Use of Alaska Native Corporation’s Special 8(a) Provisions Calls for Tailored Oversight. Upper Saddle River: DIANE Publishing.

Introduction

Community policing also commonly known as neighborhood policing simply defined as the involvement of the community in the maintenance of order, security, and general upkeep of the society. Usually, community policing is based on the principle that the involvement of the community in policing would help a great deal in controlling crime.

The argument forwarded by the protagonists of this principle is that since the community is on the ground it becomes easy to identify and flash out criminals. They also argue that while on the ground the community is able to identify various issues especially those that contravene the law and bring them to the attention of the police.

This approach recognizes the need to share the responsibility between the police and the community in order to have a better, safer society. The main aim of community policing is to establish some kind of partnership between the community and the police through which various issues involving crime and general security of the society are identified, discussed, and ways to solve them identified. (Cadora, 2002)

Main body

As already mentioned, for community policing to work there need to be some kind of understanding or partnership established between the police and the society whose aim is to enhance the security and upkeep order within the society. There also needs to be supplementation of police patrols with watchdog groups and private guards.

This is necessary because police patrols are most of the time not big enough to cover all areas. The private guards are therefore necessary to supplement the work that the police carry out. Another effectiveness of the private guards is that it is difficult for criminals to identify them as they are not uniformed as the police and therefore flashing them out becomes a rather easy task than it would have been for the ordinary police. (Howard, 2001)

Community policing is also aimed at protecting the very most vulnerable groups especially children and women against violence and abuse. For community policing to work, there also needs to be the creation of awareness especially to the society of the need to have community policing. This will help increase their participation in the whole exercise of community policing and hence better results achieved.

Thorough research on the issue also reveals that there is a need to establish a victim support center where the initiative of community policing shall work and also having response units to respond to emergency cases. (Cadora, 2002)

There have been proposals that making sure that the streets are lighted will help reduce crime. The argument is that the lack of lighting in the streets has played a major role in the promotion and enhancement of crime. Street lighting should therefore be a priority as one way of ensuring that the community policing initiative.

Both partners to the initiative who are the police and the community must have a commitment that must be sustained throughout to ensure the success of the initiative. Equally the same way there is shared responsibility there also should be some shared authority so that the society does not feel undermined. This way community policing is highly likely to be effective. (Howard, 2001)

Problem solving also needs to be based on consultations rather than impositions. This basically means that when a problem or an issue is identified the solution offered or proposed should be based on consultation rather than imposing solutions on the community. As already mentioned it is also important that the police give the community some portion of authority. The community should run most of the activities of community policing.

The means by which problems are to be solved should be one that shall be aimed at promoting peace, stability, and order. As already mentioned it is important that members of the public are made aware of their role in community policing. This helps to ensure that every partner both the police and the community does play their part as they should.

It is therefore paramount that members of the society know their role in community policing that includes: bring to the attention of the police any information that they consider important. For instance, any suspicion of an intention to commit a crime should be brought to the attention of the police as soon as it gets to the knowledge of the public. Information is the most vital tool in community policing and must therefore be provided when required (Howard, 2001)

As already mentioned the initiative of community policing is some kind of partnership or understanding between the public and police. Every party therefore must work closely with each other to ensure that good results are achieved. The public is therefore required to work closely with the police to ensure that the initiative is effective.

Victims of crime also should be supported and encouraged through counseling which is also the role of the members of the public. It is worth mentioning at this point that even though there is shared authority and responsibility between the community and the police the actions of the community must have a limit though.

This in essence means that there is some authority that the public cannot by law be allowed to possess. The public must keep all matters pertaining to the law to the police to deal with them through the legal system, as it should. They should never take matters into their own hands as this in essence means they would be contravening the law. (Nigel, 1995)

It must be remembered that control of crime and security enhancement begins with an individual. Society itself has a responsibility of ensuring that there is a prevalence of discipline among the members of the society. This is important because if the members of the society are contravening the law it hen proves difficult to flash out criminals since society is also a part of the criminal activities place.

Everybody in the society thus has a responsibility of ensuring that they maintain discipline and strict observance of the provisions of the law to ensure that the goals of community policing are achieved. It is also important that everyone becomes the keeper of each other to enhance the prevalence of safety and order. (Howard, 2001)

The police on the other hand also have a role to play to ensure the effectiveness of community policing. There must be constant communication and exchange of information. This helps each party remain updated with the latest and consequently able to determine the next step to take. The police must therefore constantly communicate with the members of the public ensuring to give them feedback of all the events and happenings.

Accountability and transparency are very basic yet essential virtues that the police must demonstrate to the public. There should not be any hidden or underground dealings done without prior knowledge of the community. Dialogue is also very important as it helps the police especially to identify the problems the society is facing and consequently take steps to provide a solution to that particular problem.

They should cultivate empathetic character so that they are able to understand the various problems and issues that society is facing and provide a solution. Listening and understanding in this case, therefore, is of the essence.

The police even while in collaboration with the community must not forget their major responsibility in a society that is the maintenance of law and order. They, therefore, are expected even when in partnership with the community to carry on their main objective.

The professional code of ethics that governs the behavior and general activities of the police must also be adhered to. This is in essence means that the police must maintain the high level of professionalism in carrying out their duties. (Nigel, 1995)

Having discussed in general what community policing is and its involvement I now turn my focus on the main topic. Having been hired as the new Chief of Police there is a lot of work that I am expected to do. It must be remembered that I got this position has placed a major emphasis on the need for community policing This paper has its main focus on the various steps I would take to ensure the success of the implementation of this program.

The first step is to identify a group that can actually form what is known as the Community Policing Forum. In my area of command, I have 150 junior officers under me. The total population depending on my services as the Chief of police is around 200,000. This means that I need to lay down strategies to spread my officers so that all areas have adequate security. It is important at this point to note that this program is quite sensitive as it deals and majors on the security and safety of society.

Having identified the right group to form the Community policing forum I will then need to identify specific issues and problems facing this particular society. Having identified the problems then together with my officers we will put various measures and strategies to ensure that solutions to the problems are found.

As already mentioned it is also very important that the community is made aware of the importance of the community-policing forum. I will therefore arrange to have sensitization workshops to create awareness to the members of the society on the need to have community policing in this particular area. My junior officers will be in charge of monitoring and evaluating the progress of this program.

It is also important to identify specific areas that are considered to be crime-prone. These are areas where crime and criminal activities, in general, are considered prevalent. I will therefore deploy my officers on the ground so that they can find out the most affected areas. The other very important step is to make attempts to identify and spot the criminals.

I am aware this will be a challenging and difficult task because criminals live among ordinary members of society. However, it is important that this is done to enhance security in the area. When we have successfully identified the criminals then we will now lay down strategies to be able to flash them out from society.

It is also important to find other issues that society may desire to have addressed. Another important factor worth mentioning is that having identified the criminals it is also very important that the activities of the criminals are followed and observed closely. This is in order to know the timings when they are likely to commit their lawless activities and the manner in which they carry out those activities. This serves the purpose of making work easier when it comes to flashing them out of the rest of society. (Nigel, 1995)

There are major guidelines that community policing relies on to be successful and which my officers and I will need to observe to ensure the great achievement of the initiative. Firstly there must be a commitment both we the police and the community we are serving to eliminate criminal activities in that particular area.

We’ll also be required to demonstrate transparency and accountability so that the society we are serving can have faith in our work. Unity between the police and the members of the public is of utmost importance. This ensures that there is a high level of confidentiality maintained and that any secret remains within the perimeters of the group. This helps a great deal in making the Community policing initiative a great success and its impact felt in society. This shall therefore be our utmost goal.

It must be mentioned at this point that community is not a way of lessening the burden or the responsibility that the law places on the police to maintain law, order in society. This is a point that I will need to make clear to my officers. Instead, it is viewed as an even more effective way of responding to the needs of society especially in regard to matters related to the security and safety of the society.

It is also meant to create a rapport between the police and the community. The police should not, therefore, neglect their work. Community policing in my view is intended to overcome mistrust and instead an environment of cooperation is created.

Conclusion

Community policing is not a single-day event but a process that needs time for its impact to be felt. I consider community policing to be effective as it brings together two very different groups, which are the civilian or the ordinary citizens and the members of the force to work together ensuring a better, safer society. I will also lay much emphasis on consultations. My officers even before giving a solution to any problem will need to consult with members of the society so as to know their opinions and views.

From the discussion above we realize that community policing is an initiative, which is of importance in every society. In conclusion therefore I believe that community policing is the most effective way to deal with crime and enhance security in this particular area.

References

Clear & Cadora, (2002) Community Justice, 1st edition, London, Wadsworth.

Fielding Nigel, (1995) Community Policing, New York, Oxford University Press.

Rahtz Howard, (2001) Community Policing, London, Criminal Justice Press.

Introduction

Even though ACA has accumulated several accomplishments, some of its approaches appeared to be ineffective. In reforming ACA, the US can learn from health care policies implemented by other countries to improve its current health care system. Analyzing relevant experiences from abroad, especially existing policies that work, may help policymakers examine current health policy and gain insights into why some approaches are counterproductive and how to modify them.

If successfully transferred and adapted to local circumstances, foreign ideas and techniques may significantly contribute to reforming ACA. The purpose of the given memo is to evaluate the differences between health systems used in other countries and identify which lessons from abroad would be most relevant in implementing ACA.

Differences between NHS and NHI

It is important to differentiate between health system models in which countries operate when reflecting on their experiences. National Health System (NHS) refers to the government-funded medical and health care services. In NHS systems, such as those in the UK, Norway, Finland, Spain, and Portugal, 76% of funding comes directly from taxation and approximately 20% comes from payroll tax (Gusmano & Rodwin, 2015, p. 54).

National Health Insurance (NHI) systems, such as those in France and Canada, are characterized by payroll-tax based financing and private providers handling most of the care. Currently, in comparison to NHI, the NHS system is considered to be more impressive in terms of safe care, efficiency, and patient-oriented care (“About the NHS,” 2016). The US has neither an NHI nor an NHS system, and exhibits pluralism in its means of financing, as they include revenue through the fiscal tax system, social security system, private insurance, and out-of-pocket payments.

China’s Problems and Aspirations in Health Policy

At first glance, China does not seem to offer a useful health care lesson to the US and other countries. This may be explained by the country’s geopolitical position, especially its large population and huge and diverse territory, as well as the authoritarian rule. Over the last decades, China has become a more powerful country as it has shifted from a third-world to a first-world economy; and it now demands access to state-of-the-art medical care (Lwin, Xu, & Zhang, 2015).

However, despite its flourishing economy, Chinese government investments in health care are smaller than those of OECD nations, and the bulk of funding is represented by out-of-pocket payments (Gusmano & Rodwin, 2015). It is thus important to understand issues that diminish China’s preparedness to care for one of the largest world’s populations.

Even though China achieved universal health insurance and the majority of Chinese residents have at least basic insurance coverage, it does not cover half of the medical costs (Sun, Gregersen, & Yuan, 2017). Not all Chinese people have equal access to health care, and there are economic disparities between those who live in wealthier coastal areas and those living in poorer rural provinces. The Chinese government’s reduction of its share in health care spending and transition to the market mechanism in health care only contributed to income-based inequities in the health care system of the country. Despite an effort made by the central administration to increase the affordability of health services by expanding health insurance coverage, out-of-pocket payments still account for a great part of revenue for Chinese health care providers.

To reduce urban-rural disparities, the central government and local governments aim to create incentives for medical graduates to work in rural-based hospitals (Lwin et al., 2015). This is because currently, people living in rural areas of China do not have adequate access to health care. Another aspiration in the health policy of China relates to development support of Routine Health Statistics Information System (RHSIS).

This is particularly important for western areas of the country, which have poor infrastructure. One more goal is associated with an improvement of the overall level of quality of care in China by creating a trusted and professionalized physician workforce.

Lessons from Abroad That Would Be Relevant in Reforming ACA

Reflecting on the experience of NHI and NHS systems, it is crucial to consider the following lessons in reforming ACA. Firstly, making affordable health insurance available to more people is impossible without legislation making the coverage compulsory. Secondly, it is important to rely not on estimated risk when setting insurance premiums but on ability-to-pay criteria. Such an approach has been incorporated by England’s NHS, which resulted in healthier and wealthier people paying for the care of economically disadvantaged individuals. When applying this experience to the US, it would be feasible to consider cutting benefits for high-income beneficiaries of Medicare and Social Security (Elmendorf, 2016).

Thirdly, it can be stated that price regulation and budget targets should be viewed as tools for reducing health care costs. Drawing on China’s health system experimentation, it should be noticed that pure reliance on market forces may put a financial burden on people and lead to social disparities. Finally, health care is inequitable in the US, contrary to OECD countries, where people are not restricted to obtaining health care within certain provider networks.

Should you need more information about the recommendations discussed above, do not hesitate to contact me.

References

About the NHS. (2016). Web.

Elmendorf, D. (2016). Recommendations for federal fiscal policy. Harvard Kennedy School. Web.

Gusmano, M. K., & Rodwin, V. G. (2015). Comparative health systems. In J. R. Knickman & A. R. Kovner (Eds.), Jonas and Kovner’s health care delivery in the United States (11th ed., pp. 52-73). New York, NY: Springer.

Lwin, M. K., Xu, M., & Zhang, X. (2015). Comparative study on health care system between Myanmar and China according to World Health Organization (WHO)’s basic health blocks. Science Journal of Public Health, 3(1), 44-49. Web.

Sun, Y., Gregersen, H., & Yuan, W. (2017). Chinese health care system and clinical epidemiology. Clinical Epidemiology, 9, 167-178. Web.

Introduction

The United States of America has by far the highest firearm ownership rate in the world. This tendency is due to the relatively non-restrictive gun control laws of the country, as the right to bear arms is codified in the Constitution. However, gun ownership comes with risks, and the legislation is the topic of ongoing debate between supporters of strict control and freedom to own and carry firearms. This essay outlines the law, its consequences, and my position on the topic.

Gun Control Laws in the United States

The United States strongly supports gun ownership, as most types of weapons may be owned and carried by the majority of the population. However, according to Masters, specific categories of weaponry that are considered malicious or too dangerous are banned, and minors, convicts, dishonorably discharged former military members, mentally ill, and some other categories of people may not own arms. Furthermore, unlicensed persons have to undergo a background check before purchasing firearms.

The legislation is significantly laxer than in almost every other country in the world. According to Masters, Canada, Australia, and other countries apply restrictions on most varieties of guns, including handguns. They often require the prospective buyer to undergo licensing or present a genuine cause for the purchase of the weapon. The legislation in those countries was laxer in the past, but shooting incidents made the governments introduce restrictions and prohibitions on firearms.

Consequences of the Laws

The United States has the highest citizen gun ownership rate among the world’s wealthy democracies. According to Masters, there are 88.8 firearms per 100 people in the country, and the country’s residents possess 35 to 50% of the world’s civilian-owned guns. The closest competitors are Canada and Norway, which average approximately 30 firearms per 100 people, slightly more than a third of the U.S. rate.

Proponents of the gun control laws cite the gun violence rates in the country, which are also the greatest among the world’s wealthy, peaceful states. Masters provides a statistic of 3.54 gun homicides per 100000 people, which is several times greater than the 1.04 figure displayed by Israel, which in turn dwarfs the 0.38 and below numbers for Canada and other countries. Gun law opposition claims that the two statistics may not be related and that the rates of gun crimes have dropped since the 1990s despite the lack of any significant firearm restrictions in that period.

My Position on the Laws

I do not believe that current firearm control laws are insufficiently strict. The right to bear firearms is a part of the Constitution and an integral part of an American citizen’s life. The current restrictions and prohibitions restrict civilian ownership of weapons that are unsuitable for recreation or militia functioning, which is appropriate, as American citizens should only exercise their privilege to productive and moral ends. However, further prohibitions would limit the ability of the people to defend themselves and infringe on their rights and therefore should not be allowed.

Conclusion

The United States firearm laws are considerably more lax than those of most other developed economies. As a consequence, American citizens own significantly more guns than people in most other countries. The gun homicide rate is also considerably higher than in other wealthy democracies, but the phenomenon may not be associated with the numbers of firearms owned by the population. Overall, I believe that citizens of the United States should retain their privilege to own, carry, and lawfully use most types of firearms.

Work Cited

Masters, Jonathan. “US Gun Policy: Global Comparisons.” Council on Foreign Relations. 2017. Web.

Introduction

In various states, the legislature differently considers the time required to serve a criminal sentence of life imprisonment. In some countries, life sentences are assigned the minimum amount of time that they need to serve in prison as punishment. Currently, in the criminal legislation of foreign countries there are many legal norms that help correct and return to healthy society convicts serving life imprisonment, as well as giving real hope for release from places of deprivation of liberty. Today, there is a need for a detailed analysis of the experience of sentencing to life imprisonment and parole from it, and amending the criminal law in relation to convicts serving this type of punishment.

Life Sentences

In some countries, the imposition of life imprisonment sentences does not mean that the convict will spend the rest of his or her life in prison. Thus, in the United Kingdom, a differentiated and individualized approach to life imprisonment is widely used. Moreover, they proceed from the nature of the committed act and the personality characteristics of the accused, which determine the approximate term of life imprisonment. Of particular note is the work on the socio-psychological study of a person sentenced to life imprisonment, which is carried out individually with each convict at the first stage of serving his or her sentence. In England, the Crime Act 1997 enshrines the fundamental principles that the court must be guided by when sentencing to life imprisonment (Schartmueller, 2015). Thus, the Law stipulates that when deciding on the punishment of life imprisonment, the court is obliged to consider all circumstances in any way related to the case. According to Art. 2 of the Law, the court has the opportunity to appoint life imprisonment to a person who, at the time of the commission of the crime, is 21 years old or older (Schartmueller, 2014). The court’s refusal to appoint life imprisonment should be justified in open court.

It should be noted that the purpose of a mandatory life sentence for a murder is not only the prevention of crimes and intimidation of criminals, but also social justice. In addition, the latter idea includes the protection of citizens from such criminals. It is directly related to human rights preservation, which includes safety for peaceful and law-abiding citizens. Murder is a serious crime, although the motives of the criminals and the circumstances of the commission of the act may be different. Undoubtedly, there are fundamental differences between the deprivation of life of a seriously ill person, which is committed out of mercy by his or her family or close relative, and the deprivation of life out of mercenary motives. However, at the same time the criminal law of England does not establish the difference in the purpose of punishment in the event of an intentional murder.

Life imprisonment is the main punishment in England, which can be assigned for murder and is applied by court decision as the maximum for a number of serious crimes. Each of the sentenced to life imprisonment is assigned an officer and probation officer (Turner, Hemmens, & Matz, 2016). The life-sentenced person regularly contacts the staff of the institution where he or she is serving his or her sentence. The possibility of release of the convict depends on the likelihood of him or her committing a second violent crime after the minimum term of serving the sentence. This probability is assessed by the degree of risk, that is, the danger of the crime, the nature and personality of the offender, family circumstances, attitude to supervision and others. In the United States, a person convicted of a felony must be sentenced to life imprisonment if he or she has previously been adjudicated by a U.S. court or state court. The conditions of adjudications are two or more serious crimes, or one or more serious drug-related crimes.

Capital Punishment

The death penalty is the most severe form of criminal punishment. Remaining as such, the death penalty is considered the most problematic criminal law institution, characterized not only by a complex socio-legal nature, but also by an ambiguous attitude towards it on the part of society. The latter includes various public institutions expressing the interests of multifaceted social strata and structures, as well as state legal institutions in particular and the state as a whole (Zschirnt & Randol, 2014). An ambiguous public and state-legal opinion regarding the death penalty exists in some countries.

Today, permissions or restrictions on the use of the death penalty provided for by the national legislation of each state, regional, continental or international community of countries. However, by virtue of the state legal and territorial structure that has developed in a given country, the death penalty as a criminal law institution has the specificity inherent in the given country (Worthen, Rodgers, & Sharp, 2014). This specificity mainly follows from the state legal structure, as well as the principle of the formation and exercise of power.

This approach to building a legal system and hierarchy of power is directly enshrined in the country’s Constitution. In this case, the legislative bodies of the federation and the states are independent both in the development of their own criminal laws, and in determining the types of criminal punishment. They are independent in establishing or abolishing the death penalty as the supreme measure of criminal punishment. They consider determining the type, method, procedure for executing the death penalty and in pardoning a person sentenced to this type of punishment (Ye, Sharag-Eldin, Spitzberg, & Wu, 2018). Despite such autonomy and independence, in the United States of America, as a rule, only one category of crimes is punishable by death – intentional murder under aggravating circumstances.

Reviewability of Sentences

The main reason for narrowing the practice of parole is a significant deterioration in the number of people serving sentences in correctional and educational colonies. Each convicted prisoner must have a chance for a review in order to eliminate the criminal justice system’s errors. However, it is impossible to discount the changes in the criminal and penal legislation. The parole of minors, or rather, persons who have committed a crime at a minor age, should be considered separately. Moreover, these changes were aimed mainly at narrowing the possibility of applying parole. Such novelties, as a rule, were not previously discussed in the circles of specialists and by the public, and, in fact, they only showed the society the next stage in intensifying the struggle. As a result, it can be argued that parole, as one of the most significant institutions of criminal law, has lost its consistency (Blasko, Friedmann, Rhodes, & Taxman, 2015). The return to the quality of system should be carried out in line with the entire reform of the criminal and executive law.

The problem of a socially justified, and with this a fair solution to the criminal punishment of persons who have committed an encroachment on life should be approached from the other side. It is necessary to pay attention to the legal problem posed by the abolition of the death penalty and the introduction of life imprisonment in the criminal punishment system (Chamberlain, Gricius, Wallace, Borjas, & Ware, 2018). Suddenly, in the criminal legal respect, especially serious crimes turned out to be equalized in assessing the gravity of the deed. The given crimes are that encroach on life and other especially serious crimes, but not encroaching on life, but committed against public health and public morality, public safety and sexual inviolability. Currently, an exceptional measure of punishment is not imposed and an alternative to it is life imprisonment.

The principle of justice must be built on the notion of factoring in the possibility of mistake, where the innocent is sent to jail. It is considered expedient to discuss the issue of introducing into the general part of a legal norm establishing a new type of exceptional criminal punishment in the form of life imprisonment. It is conducted without the right to parole for committing particularly serious crimes that encroach on the life of two or more persons. In addition, it can be imposed for encroachment a life committed by a person who has a criminal record for an attempt on life (Clough, 2016). The legislator did not raise the issue of gradation of life imprisonment for two subspecies – with the right to parole and without such a right. The exclusivity as a form of criminal punishment of the death penalty and life imprisonment without the right to parole consists in the fact that the punished person is permanently removed from society. This is the fundamental difference between life imprisonment without the right to parole from life imprisonment with the provision of such a right.

Improving the mechanism of exemption from life imprisonment can be carried out in several ways. Firstly, along the path of improving legal regulation and law enforcement practice of applying existing legal instruments. Secondly, along the way of developing a new mechanism for the release from life imprisonment. The first option involves amending the rules for applying the institution of parole (Liebling, 2017). First of all, the following legal uncertainty, which raises a number of problematic issues in the application of conditional release from punishment, needs to be eliminated. It is important that the court decide when considering the request of the convicted person about his or her place of permanent residence after being released from prison. However, the considerations must include the length of the sentence and the conditions of detention provided for by the penal legislation. This is due not only to the goals of the post-prison adaptation of convicts, but also due to the monitoring of the supervised person. However, as it was indicated above, convicts mainly lose their ties with relatives and close relatives during the first ten years (Vidal, Oudekerk, Reppucci, & Woolard, 2015). Also, convicts who have ownership rights to residential premises at the place of residence before the conviction lose them either on their own initiative or due to other legal circumstances.

In the case of conditional early release from serving life imprisonment, the court cannot establish administrative supervision due to the legal nature of this legal institution. A person released on parole is not considered to have served the sentence until the end of the probationary period. In such circumstances, administrative supervision begins to be carried out after a person has served a sentence not related to deprivation of liberty, or after the expiration of the term for fulfilling duties related to parole (Liem & Richardson, 2014). From this provision it follows that for a period of probation, a parole is dropped out of the jurisdiction of administrative supervision as a mechanism for preventing the commission of new crimes. The second option to improve the mechanism of exemption from life imprisonment is to use other criminal law and penal institutions.

The progressive nature of the execution of punishment is seen in the steadiness of changing the conditions of serving a sentence within a single type institution. The next step is the possibility of transferring from one type of institution to another type of institution, depending on the behaviour of the convict and his or her attitude to the main means of correction (Clough, 2016). The final phase of the progressive system of the execution of imprisonment is early release from punishment or its replacement with a milder type of punishment.

Conclusion

In conclusion, in relation to life imprisonment, a fairer mechanism for the execution of punishment is the consistent application of the institution of replacing the unserved part of the sentence with a milder type of punishment. The latter should precede the consideration of the application for parole from serving the sentence, which does not fully achieve purposes of criminal punishment. Thus, the legal analysis indicates the existence of a sufficient list of criteria for assessing the identity of convicts serving a sentence of life imprisonment. Along with this, the improvement of the mechanism of early release from serving life imprisonment is seen in a more complete application of the elements of a progressive system of execution of sentences. This will require making the necessary changes to the norms of criminal and penal legislation.

References

Blasko, B. L., Friedmann, P. D., Rhodes, A. G., & Taxman, F. S. (2015). The parolee–parole officer relationship as a mediator of criminal justice outcomes. Criminal Justice and Behavior, 42(7), 722-740.

Chamberlain, A. W., Gricius, M., Wallace, D. M., Borjas, D., & Ware, V. M. (2018). Parolee–parole officer rapport: Does it impact recidivism? International Journal of Offender Therapy and Comparative Criminology, 62(11), 3581-3602.

Clough, A. (2016). Honour killings, partial defences and the exclusionary conduct model. The Journal of Criminal Law, 80(3), 177-187.

Liebling, A. (2017). The meaning of ending life in prison. Journal of Correctional Health Care, 23(1), 20-31.

Liem, M., & Richardson, N. J. (2014). The role of transformation narratives in desistance among released lifers. Criminal Justice and Behavior, 41(6), 692-712.

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As defined by James (2003) capital punishment is the execution (killing) of an individual by the state because of a crime that he/she has committed.It is also referred to as the death penalty. Capital punishment denies the person moral reforms. Punishment of any kind should hold the offender responsible, that is, demanding that he/she respond as only moral agents can by re-evaluating their behavior.

Death terminates the possibility of moral reforms. Capital punishment can be applicable to some religions that believe in life after death, whereby the offender will be judged by God. Conscious life is terminated by death and cannot elicit the moral response from the offender. This shows that capital punishment is immorally incorrect and unjust. Dead criminals make their response to God rather than the community that punished them, punishment should make a moral response possible.

A biblical stance on capital punishment is that, those who take life must also have their life taken. That is why God is demanding Noah to keep reproducing (give life) rather than taking life by murder. That is murder is not the same as reproduction. Secondly man alone was created in the image of God, so murder alters/affects the image of God. (James, 2003) This means that taking away life is like taking away one who is created by God. Life is sacred because we are created in the image of God. Arguments against capital punishment is that offenders are not really punished rather they escape from the punishment since they do not get to pay back to the society. The death penalty is just an easy way out for the criminals. But this is not the case, imagine the prisoner counting down his days until he/she is executed, his/her last meal, prayers and the feeling of knowing that he/she will die because of an action that he/she committed and cannot take back, hoping that he/she can get a second chance. It is not easy.

The second argument against capital punishment is that Jesus is against it. Jesus does imply that retaliation is a sin. Jesus wants us to forgive but not to excuse someone. We should forgive but justice must also be done. Justice means that wrong should be made right. Executing someone for a wrong done makes us more of a wrongdoer than the victim. We should forgive but not excuse sin and crime.

The Buddhist perspective on capital punishment can be clearly traced from the religious literature. These have been used to give a perspective about the death penalty. The first and most important is the panca-sila, which is abstaining from taking of life. Abstaining from taking life encourages compassion (karuna) for beings. Life is to be treasured no matter how small that life may appear to be. Treasuring lives of those who have not valued the lives of others is considered to be an act of spiritual courage. The second is dhammapada, chapter 10 (the initial verses) speak about how every one fears death and therefore one should not kill or cause to kill. The third, janasandha-jataka is a story told by a Buddha about a king who destroyed all execution places. The fourth, rajaparikatha-ratnamala states that punishment or exile is preferred than the death penalty, criminals should be banished without torturing or tormenting them. The fifth avanatamsaka-sutra the passage encourages people to give up evil. Compassion is emphasized in the passage. These passages are all against capital punishment. Compassion is highly preferred in the Buddhist perspective. Compassion deepens the respect of all form of life. Society should give the criminals a chance to acquire their inherent good by rehabilitating them. One cannot rehabilitate a dead criminal.

There is evidence that a good number of individuals are convicted and undoubtedly executed. Errors in the criminal justice department make it possible for an innocent person to be executed. This is due to legal technicalities. For instance since 1973, 88 inmates on death row were released after evidence showed that they were innocent. This also helps to show that the criminal judicial systems checks and balances works. (Robert and Stuart, 1995)

It is also noted that a small number of convicts who are on death row are executed, and those who are executed either do not have the necessary resources or poor representation. These are mainly the minorities. For instance African Americans made up only 13 percent of the total population of the United States in 1999, while they made up 43 percent of the number of inmates on capital punishment and more than a third were executed that year.(Ted, 2005) Race is mainly the cause of these differences.

References

Cesare, B. On Crimes and Punishments. New York: PrenticeHall, 1986.

Hugo Adam B. The Death Penalty in America: An Anthology. Bloomington: Indiana University Press, 1985.

Hugo A. and Paul, G. Cassell. Debating the Death Penalty: Should America Have Capital Punishment? New York: Vintage Books, 2005

Hugo, A. Bedau.The Death Penalty in America. New York: University of Illinois Press, 1997.

James, A. Capital Punishment. New York: Lieber-Atherton, 2003.

Michael, K. Capital Punishment: A Reference Handbook. New York: Knopf, 1993.

Robert, M. and Stuart, E. Punishment and the Death Penalty, New York: Lawrence Erlbaum Assoc, 1995.

Stuart, B. The Death Penalty: An American History. London: Oxford University Press, 2002.

Ted, G. Capital Punishment: The Death Penalty Debate. New York: Macmillan, 2005.

William, S. The Abolition of the Death Penalty in International Law. Newcastle: Bloodaxe Books, 1997.

Rising levels of violence in the media, be it in movies, computer games, or the Internet, have been a topic of concern for the last several decades. With technological advancements in the television and gaming industry, violent entertainment is becoming more and more realistic. The appearance of computers, game stations, and other gadgets opened the door to a completely new level of interactive violence. Concerned parents, teachers, and psychologists are well-aware of how addictive computer games can become. The government responds to this tendency by implementing Media Violence laws in an attempt to curb or control the flow of violence released on the population from the screens. These practices can hardly be called innovative. One of the first and most well-known censorship practices in America was the Motion Picture Production Code, also known as Hays Code, adopted in 1934 and abolished in 1968. This code was meant to guard the moral integrity of the viewers and put severe limitations on scenes of murder, sex, and violence.

Nowadays, media violence in the USA is regulated by the Computer Decency Act and Telecommunications act of 1996. The Computer Decency Act, however, was deemed unconstitutional by Congress due to its advocacy of censoring cyberspace. In addition, any previous attempts to censor the Internet have failed, as it requires a massive amount of resources and facilities. The only country that managed to successfully censor the internet, if partially, was China. The system was dubbed “The Great Firewall of China” and was made possible only due to the totalitarian government system the country has in place, thus making the method unusable for the rest of the world.

The topic of media violence and media violence laws was always a controversial one. On one side of the barricade, there are psychologists and concerned parents who fear for their children. On the other side are children and other concerned citizens who do not want the government to regulate what they can and cannot watch. They are joined by several researchers, who claim that violence in video games and movies has no effect on the collective psyche of the nation.

Newspaper outlets tend to associate video game violence with the latest school shootings. On the Internet, there are plenty of articles that analyze and compare school shootings and their perpetrators. They often have one thing in common – an addiction to violent shooters and videogames. However, it could be argued that the addiction to violent videogames was simply an outlet to release repressed emotions – an effect rather than a cause of violent behavior. Accusers of videogames tend to focus their attention on that factor alone rather than other factors that may have a much greater impact on a person’s overall psyche – such as school bullying, hounding and prosecuting from their fellow peers, lack of psychological support at schools, and other factors. To this, the accusers tend to answer that media violence cultivates an atmosphere of acceptable violence, which in turn becomes real violence. The argument becomes cyclical.

The purpose of this paper is to study the available research materials in order to understand the overall effect of media violence on the increase of criminally violent behavior in the USA and other countries. In addition, the paper will analyze the effectiveness of media violence laws in reducing potential violence.