The Heart Of Atlanta Motel V United States - 1273 Words

Duane Unit II Assessment Briefing Paper 1: Critical Legal Thinking The heart of Atlanta Motel v United States was a very sensitive case during the 60’s with uprising of racial equality separation. Under commerce clause with Title II of the 1964 Civil Rights Act shows congress didn’t unconstitutionally exceeded its power. The civil rights act of 1875 was a generic regulation that didn’t help race relations in the US against minority rights and race relations. White individual took advantage over black’s perpetuated inferior accommodations, entitlement, and services. The owner ignored the federal commerce clause and due process and based his action on his personal opinion and outspoken treatment of blacks at that time. The facts are that the appellant owns and operates the heart of Atlanta Motel which has 216 rooms available to non-blacks guest. The motel was readily accessible to motorist using United States interstate highways 75 and 85 and Georgia highway 23 and 41. Approximately 75 percent of the motel’s registe red guest was from out of state. The federal government has laws and regulations to fight against racial discrimination in the United States. I believe if we try this today with social media that their business and anyone like it will loss business and boycott against. The purpose of opening a business is to make a profit, eliminate any legal action, and appeal to more paying customers regardless of your race, color, religion, sex, or national origin, accordingShow MoreRelatedHeart of Atlanta V. United States825 Words   |  4 PagesHeart of Atlanta v. United States Heart of Atlanta v. United States (1964) - Any business that was participating in interstate commerce would be required to follow all rules of the federal civil rights legislation. In this case, a motel that wanted to continue segregation was denied because they did business with people from other states. This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the firstRead MoreState Government And Federal Government881 Words   |  4 PagesState Government or Federal Government The Bond between Federal government and states is very obscure. In fact, the constitution, and federal papers is constructed around state and federal government. In federalist paper NO.51, founder James Madison explains how he wants a balance between government and personal liberty also how the structure should be.The topic of this entire federal paper is government overall. He believes each branch should be independent, in efforts, no branch should aloneRead MoreThe Federal Government1353 Words   |  6 Pagesforefathers wrote the United States Constitution. In its depiction through the judicial proceedings has led to reforming how commerce clause is viewed. Let us take the constitution as a road map. Interpreting its powers has also form how congress uses those same power when it comes to the digression of law making (Legislation branch). In Gibbons v. Ogden (1824), United States v. E.C. Knight Company (1895), Muller v. Oregon (1908), Hammer v. Dagenhart (1918), National Labor Rel ations Board v. Jones LaughlinRead MoreLeg 100 Business Law I Quiz 1918 Words   |  4 Pagescorporation or a change of control has become inevitable Correct Answer: Only when the breakup of the corporation or a change of control has become inevitable †¢ Question 7 4 out of 4 points Which of the following is a term for a state statute authorizing boards of corporations to take into account all stakeholders and constituencies even when a change in control or breakup of the corporation has become inevitable? Answer Selected Answer: Constituency Correct Answer:Read MoreThe Constitutionality Of The Public Accommodations Equal Access Act764 Words   |  4 Pages in the year 2021, the atmosphere surrounding gay and lesbian citizens in the United States had grown increasingly hostile. In response to this Congress passed a new law entitled the public accommodations equal access Act. this law which will be referred herein as PAEAA, Was created in order to forbid discrimination regarding sexual orientation in many economic zones including hotels motels restaurant in any sort of eating establishments that include bars barbershops gasoline stations in entertainmentRead MoreLandmake Court Cases Essay1973 Words   |  8 Pages~Dred Scott v. Sanford, 1857 This was a landmark United States Supreme Court case, in 1846 a slave named Dred Scott and his wife, Harriet, sued for their freedom in a St. Louis city court. They had lived with their owner, an army surgeon, at Fort Snelling, then in the free Territory of Wisconsin. The Scotts freedom could be established on the grounds that they had been held in relationship for long time in a free territory and were then returned to a slave state. Courts had ruled this way in theRead MoreThe Fourteenth Amendment1052 Words   |  5 Pagesother. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest of the majority, or even Maryland in the long haul, to tax the US Bank. The key is to reach the best outcome in terms of majority. The needs of the many outweigh the needs of the few. Nonetheless, there are definite benefits under the protection of the Tenth Amendment. The Tenth Amendment allows states of different backgroundsRead MoreMgmt 330 Mid Term Study Guide966 Words   |  4 Pagesprotected by the First Amendment. -In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress. †¢ Commercial Speech -Courts give substantial protection to commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo ofRead MoreThe Expansion Of The Deferred Action For Childhood Arrivals Policy Essay1719 Words   |  7 PagesPresident Clinton overstepped her limits as President of the United States to implement the expansion of the Deferred Action for Childhood Arrivals Policy through an executive order. An action that was previously enacted by President Barack Obama but was quickly canceled in the decision of US v. Texas. She, or anyone that retains the position of the presidency, does not have the authority to enact immigration policy under the nation’s constitution and thus violates the separation of powers doctrineRead MoreAmeric A Nation Under Federalism Essay1653 Words   |  7 Pagesdemonstration of excessive federal power that is clearly illustrated by history and modern America. Suffic ient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism. Federalism’s

Hip Hop Culture Has Influenced The Lives And Identities Of...

Over the last four decades, hip hop culture has influenced the lives and identities of many youth throughout the world. Depending on their geographical location and socioeconomic backgrounds, youth have experienced this worldwide culture differently. One similarity amongst these selective groups of adolescents is the political freedom that has come with engaging in the hip hop scene. Hip hop allows Black youth in the United States, immigrant youth in France, and Afro-Cuban youth in Cuba to express criticism toward the racial marginalization that they face in order to gain the equality that society prohibits them from acquiring. Hip hop has evolved into a source of activism and inspiration that allows Black youth to address the flaws within the criminal justice system and simultaneously comfort the audience of color who experience such discrimination. Today, hip hop artists, including Kendrick Lamar a rapper from Compton, California, practice musical and visual activism. Lamar’s song â€Å"Alright† incorporates heartfelt emotion, and lyrics including â€Å"Alls my life I has to fight† and â€Å"Wanna kill us dead in the street fo sho†. Lamar demonstrates that even though he has become a well recognized and greatly admired rapper within the hip hop culture, he continues to face racial subordination in a society who claims that racism was left in the past. The bold and chastising lyrics highlight his resentment toward the â€Å"po-po† that yearn to kill Blacks, but also creates a notion of hopeShow MoreRelatedHip Hop Rap Music And Subculture1643 Words   |  7 Pages Hip-hop Rap Music and Subculture The topic I have chosen for this review is the association between a particular music genre and a subculture. In particular, the issue of focus is the association of the hip-hop rap genre with the black youth subculture in America. As a youth subculture, hip-hop emerged in the 1970s from New York City’s borough of the Bronx. The African American community was the root of the music genre, which gained popularity in the 1980s and 1990s. As part of its growthRead MorePolitics and Hip-Hop802 Words   |  4 PagesMusic is an art form and source of power. Many forms of music reflect culture and society, as well as, containing political content and social message. Music as social change has been highlighted throughout the 20th century. In the 1960s the United States saw political and socially oriented folk music discussing the Vietnam War and other social issues. In Jamaica during the 1970s and 1980s reggae developed out of the Ghetto’s of Trench town and expressed the social unrest of the poor and the needRead MoreReservation Blues By Sherman Alexie1256 Words   |  6 Pagescountry that has experienced a rough journey towards building a cohesive country. Sherman Alexie’s story Reservation Blues explores the lives of some Native Americans who wrestled with cultural, racial, and religious barriers to embrace the rest of the country. The story reflects the process of racial and cultural integration the country has been going through since its inception, revealing an underlying struggle by the minority groups in the country to become part of the Americans culture that is oftenRead MoreThe Effects Of Hip Hop Music On Society2876 Words   |  12 Pages2015 Negative Effects Of Hip Hop Music in Society Music is a powerful form of sound that affects our emotional state. However it is not the only kind of sound that affects the emotions; for example the sound of the waves and birds. Music has been around since the beginning of civilization. Music was used to tell myths, religious stories, and warrior tales. Since the beginning of civilization music has greatly progressed. Music still tells a story, we now just have many genres to satisfy the culturalRead MoreThe Hip Hop Culture Essay2107 Words   |  9 Pagestremendously significant role. Hip hop is a form of art which can be expressed through rap songs, break-dancing, and graffiti art. The culture has become so popular that it has entered today’s fashion and modern language. Hip hop music is an extremely large part of today’s generation and a global genre, which influences the generation all over the world. The culture has entered everywhere from TV commercials to toys, video games, and also fashion industry. â€Å"Hip hop has been America’s most wanted musicRead MoreHip Hop And The Alternative Path Choice For Gang Violence1801 Words   |  8 Pages When I think of Rap and Hip Hop, to me they are pretty much the same thing so I use them interchangeably. This genre of music has been a staple within the black community as a way to freely express themselves not only creatively but also politically. Hip hop began in the 1970s as a result of the overwhelming creativity, restrained energy, and the lack of outlets for local youth in impoverished areas; â€Å"Rap music is an externalization of highly charged inner feelings shared commonly by young blackRead MoreThe Negative Portrayal of Women in Hip Hop and Rap Music Essay1239 Words   |  5 Pagesin rap music today, has been quoted saying, â€Å"Hip-hop is supposed to uplift and create, to educate people on a larger level and to make a change.† Although this is the original intention of hip-hop music, public opinion currently holds the opposite view. Since the 1970’s musical artists have changed the face of hip-hop and rap and worldwide, people – mostly teensâ €”have been striving to emulate certain artists and their lyrics, which has created negative stereotypes for hip-hop music and also for thoseRead MoreHow Hip Hop Is The Rapid Development Of Its Lexicons Essay2002 Words   |  9 Pagesyears, with words created for many different purposes. Words are created for many different reasons including scientific use, technological advances, and lastly, words that are created in contemporary culture. Expressions that have been created by the youth have become such a part of American culture, that they often times end up being added to the dictionary. A large portion of these words coined by the youth are making their way into mainstream media through Hip Hop music. The creation of theseRead MoreRap Music And Its Influence On African American Youth1705 Words   |  7 Pagesrelated. For years now music has been apart of people’s everyday lives all around the world. Having so many different genres out there, it makes it easy to be ap pealing to so many different ethnic backgrounds. However, one type of genre in particular has seemed to grab the attention of a younger generation. Rap music has undoubtedly had its utmost impact on African American youth, since many of the performers themselves are African American. An overtly masculine culture dominates rap music and createsRead MoreThe Influence of Hip Hop on Todays Youth2247 Words   |  9 Pages The Influence of Hip Hop on Today’s Youth â€Å"After silence, that which comes nearest to expressing the inexpressible is music.† This profound statement from English writer, Aldous Huxley, demonstrates the importance that music obtains in today’s society. Simply, music is a form of expression, not limited to any specific genre. Although this expression is not limited to one genre, there is one that seemingly obtains the title of most controversial. The Rap/Hip-Hop genre has been harshly criticized

The Early Years of Alexander the Great - Quiz

Internet Advertising Essay - 867 Words

Internet Advertising Internet Advertising is the way of the future and it is very evident since many companies and businesses have their own web sites and advertisements are located all over the World Wide Web. The Internet or World Wide Web is quickly becoming the most effective way for a business to advertise their products or services to customers. Web sites such as search engines or small sites that sell advertisement space for sponsoring are profiting highly from the increase of advertising on the Internet. Also contributing to the profit of businesses is the fact that the number of people that have access to the internet is growing as well as internet services which will allow potential customers to view these advertisements.†¦show more content†¦Internet advertising is less expensive compared to direct advertising which creates more profit for advertisers and businesses. When compared with advertising in magazines or on television, Internet advertising is far more beneficial and less expensive. Smaller businesses should take into consideration, the Internet advertising campaign because it is less expensive, more interactive, and easier to track and target than other advertising methods. Studies have also shown that awareness of participating brands increased 5%, on average. In addition, 49% of the study participants said they recalled seeing a tested advertising banner on a particular site. Current click-through rates average about 20% better than other direct-marketing methods (click-through: the action of following a hyper link within an advertisement). Another advantage of internet advertising over direct or local advertising is the fact that it is global and the advertiser is allowed to advertise to the whole world making the advertising more effective and beneficial. Banners advertising the business or its goods and services would be placed on a certain site and when an interested consumer clicks on the graphic, he/she is usually redirected to the businesses site according to the particular goods and services being offered. Internet advertising is also more interactive compared to magazine or television advertisements because theShow MoreRelatedAdvertising On The Internet : Internet1985 Words   |  8 PagesGiacomo Randazzo Ms. Blair English III 26 March 2015 Advertising on the Internet Most of the websites collect money through advertisement; websites collect a bunch of information about who visits the page that they use to target their advertisements to services and product that reflect his interests. So targeted advertising is a good thing because it allows the web to run without the necessity to pay for every visited page, but people should be informed and conscious of where the information websitesRead MoreOnline Advertising And The Internet2471 Words   |  10 PagesThe internet has made everything simple especially in business. The world has changed to become a global village where all people can access. They do that to check on what is new in the market or the current trends. Marketers and advertisers have seen an opportunity in the fact that people are always on the internet. They market their products on the internet by posting them on different websites for people to be able to see them. That type of advertising that takes place on the internet is referr edRead MoreInternet Advertising Essay1723 Words   |  7 PagesAdvertising can mean many different things in today’s world. When advertising first was developed it was done by would of mouth and the classic flyer or poster. Then it moved up to using the radio to help capture a bigger audience. After that it moved towards the television where an even bigger audience could be reached. Lastly companies started to realize the shear amount of traffic that was generated by the Internet. The Internet first started to get popular in the mid 1990’s. Where only peopleRead MoreTelevision And The Internet Advertising1427 Words   |  6 PagesTelevision and the internet ads on use of marijuana Rhetorical Analysis Television and the internet is a good channel of passing the messages about the adverse effects of the use of marijuana. The office of the National Drug Control Policy is an American government action which depends on safeguards the health of the people of America. The above the influence initiative is a program of the not-for-profit Partnership at Drugfree.org. Their overall goal is to help teens reject negative influencesRead MoreInternet Advertising : Google Adwords1954 Words   |  8 PagesInternet Advertising: Google Adwords Josh Moelis Pace University jm11041n@pace.edu Introduction Internet advertising has been around for just about as long as the internet has. There are also many different forms of internet advertising such as banner ads, social media ads, email ads, Pay-Per-Click (PPC), Cost-Per-Mile (CPM), affiliate marketing and many many more. I am going to be focusing on pay-per-click advertising, specifically Google Adwords. Google Adwords is a marketing tool by GoogleRead MoreEssay about Internet Advertising1719 Words   |  7 PagesInternet Advertising The November cover story for Newsweek was entitled â€Å"e-life† and the issue was dedicated to the many ways that the Internet is changing our lives and work. While the changes have affected many industries and many jobs, one of the biggest changes in marketing and sales is the rapid and unpredictable growth of Internet-based sales and advertising. Currently, many users benefit from the use of â€Å"free† email sites and Web-search portals, all of which are funded by revenues fromRead MoreAdvertisements And The Internet Of American Advertising1146 Words   |  5 PagesAdvertisements and The Internet â€Å"Burn it up and Flush it out !† The prominent Kim Kardashian commercial regarding the weight loss supplement, QuickTrim aired on television years ago, in order to display that it is easy to have one’s dream body in a blink of an eye through one commercial. This method of twisting the truth is then applied when a person logs onto Twitter a few hours later and sees pictures of the Kardashian sisters posing and showing off their bodies, the ones that they achieved simplyRead MoreInternet Marketing Relevance and Consumer Attitudes toward Internet Advertising1245 Words   |  5 Pagesdiscusses internet marketing relevance and investigates antecedents of consumer attitudes toward Internet Advertisement. The analysis is based on a consumer survey conducted in India as well as other countries. For this purpose, a representative quota sample of Internet users in India has been interviewed. The finding of this study provides marketers with an understanding of consumers, th eir attitude toward advertising, so designers and marketers can better strategize their advertising designs. InternetRead MoreEssay on The Legality and Ethics of Internet Advertising1777 Words   |  8 PagesThe Legality and Ethics of Internet Advertising ABSTRACT: Recently, DoubleClick.com, one of the world’s premier Internet advertising firms was at the center of a Federal Trade Commission investigation on privacy. Consumer privacy advocates have charged the company with infringing on the privacy of websurfers because of the aggressive means it uses to gather data for profit. This paper discusses the legal and moral issues surrounding these tactics. Were the company’s aggressive tacticsRead MoreAdvantages and Disadvantages of Internet Advertising In Promoting Products to Consumers671 Words   |  3 Pagescomputers and internet that is being used by people of all ages, there is an increase in number of the World Wide Web users worldwide. Internet plays a very significant role in everyone’s life most especially to business minded people. Business companies need to promote their products. In order for those companies endorse and sell products, they need to have a good marketing strategy. This is the time whe rein they need to advertise it. Advertising comes in many ways. However internet advertising is one

Why Is Needs Assessment Necessary - 1797 Words

I. A needs assessment is something that many organizations overlook. Sometimes people assume that needs are noticeable, but with the money that it takes to train employee’s, it is better to get all the details up front in order to plan an effective training program. A needs assessment identifies gaps between current and desired results—not means—and places those in priority order on the basis of the costs to meet the needs as compared to the costs to ignore the needs (Smith Jones ,2015). The gaps that are between current results and desired results are called needs, and needs are also referred to as problems. The importance of needs assessment today is huge and this will help you find any needs that your organization has. I will be discussing the essence of needs assessment and how this process can help your organization. II. Why is needs assessment Necessary? In today’s world, training is viewed as a cost on the budget sheet. In order to help leaders see the value of training, you must first find out what they expect the training to achieve (Why, 2011). We must ask questions to find out what they believe the learning needs to be. Not only do we need to find out learning needs, but also the results of their performance after the training (Why, 2011). There are many elements that affect training in the organization like, environment, management, employee attitudes, and the plan for the training program (Why, 2011). You should include as many people that have a stake in theShow MoreRelatedEmployment and Performance Essay775 Words   |  4 PagesAssessment tool 2 1. When allocating work, what things should be taken into consideration? When Allocating work you need to implement a clear and precise goal that is achievable within the given time. The availability, knowledge and skills of the staff need to be considered before assigning them to a particular role to ensure the best outcomes. 2. Why are performance management systems necessary and how do you think performance appraisals contribute to performance and productivity in an organisationRead MoreThe Homeland Security And Risk Management Programs1213 Words   |  5 Pagesan intriguing question. This question is how to appropriately coordinate risk management programs while acknowledging elements of focus in regards to different assets and the manner in which these assets are used. The homeland security uses risk assessments on all areas, which this paper will be focusing on, to determine how to maintain the condition of an asset as well as assist it in maintaining its overall goal. This paper will discuss how the Homeland Security utilizes risk management programsRead MoreTAQA 301 Essay810 Words   |  4 Pagesprinciples and practices of assessment Assess criteria 1.1, 1.2 Description Define the key concepts and principles of assessment and explain its functions in learning and development. †¢ What is the purpose of assessment? †¢ What does assessment aim to achieve? †¢ How does assessment impact and relate with learning and development? †¢ Explain the definition of formative and summative assessment. †¢ Why is initial assessment important and how and when should an initial assessment be completed? †¢ ExplainRead MoreThe Quality Of Quality Assurance Essay1456 Words   |  6 Pagesstage of the process. Assessment and IQA is a continuous process and should be monitored and evaluated at all times. This allows actions for improvement which can be implemented It is important that an IQA is appointed to carry out quality assurance when assessment activities are taking place, the IQA should include the following tasks: †¢ plan what will be monitored, from whom and when †¢ observe training and assessor practice, and give developmental feedback †¢ sample assessment records, learners’Read MoreCase Study: determining training needs Essay example677 Words   |  3 Pagesï » ¿Determining Training Needs at Summit Credit Union In 2008, Summit Credit Union experienced a merger which doubled the size of the company and made it necessary to build a new corporate culture. They want to improve credit members’ financial lives. The company has shifted away from off-the-shelf training and developed online and face-to face- programs. â€Å"These programs are customized to employee needs and the company’s goals and initiatives.† (Noe pg.147) The learning function is a key role whileRead MoreTraining Needs Assessment For Developing An Effective Training Program1448 Words   |  6 Pagesthere is a necessary of training needs assessment for developing an effective training program. In recently years more and more companies are focus on training, however the effect of training cannot achieve companies’ goal. Most of companies choose lots of unnecessary subject for training and waste money. That result in Training Needs assessment. The judgment process of whether do training or not is traini ng needs assessment (Raymoond, 2007). As an organization, Training need assessment can affectRead MoreEssay about Is 305 Week 4 Lab773 Words   |  4 PagesWeek 4 Lab: Assessment Worksheet Performing a Business Impact Analysis for an IT Infrastructure Overview Answer the following questions, specific to the creation and focus of Business Impact Analysis as well as BCP documentation. Lab Assessment Questions amp; Answers 1. What is the goal and purpose of a BIA? To identify which business units, operations and process are crucial to the survival of the business. A timeframe in which business functionality must be restoredRead MoreIs Hospital Admissions For Adults With A Learning Disability?1667 Words   |  7 Pagesfeeling of involvement and understanding of why robust assessments are necessary to obtain the desired outcome. Evaluation Assessment is the collection of subjective, objective or historic information; this is done by data analysis. Dillon (2007) describes it as a collection, validation and the clustering of information, this is done when an identifiable issue has arisen, and it is the continuous process that gives a baseline of information necessary to change an individual’s health status. PriorRead MoreChanges Theory And Change Theory1246 Words   |  5 Pagesfair chance of working. During the trial stage, the nurses need to be open minded and want to change so the new idea in practice can be tested properly to actually see, if it will have the effect we hoped for. Each of these steps will allow the nurses to understand the importance of having a spiritual assessment of the patients and ultimately how they will affect their care. My change project is to implement a standard spirituality assessment within critical care units. Roger’s change theory is mostRead MoreA Critique Of An Intake Form1216 Words   |  5 Pagescommunity behavioral health agencies in the state of Arizona. For providers managed by Cenpatico, the regional behavioral health provider (RBHA), the intake process involves completion of the CORE assessment. When a Case Manager or Recovery Coach refers a client to other specialty agencies, a copy of the CORE assessment is required. In a way, it is standard form utilized by many providers. Each agency may have different procedures whether the CORE is completed by staff on paper or via a computer through respective

Garriock v Football Federation Case-Study-Free-Samples for Students

Questions: 1.What were the material facts of the case? 2.What was argued on behalf of Heather Garriock? And why? 3.What was argued on behalf of the Football Federation of Australia? And why? 4.What did the Tribunal decide? And why? Answers: 1.In the case of Garriock v Football Federation Australia[1] Heather Garriock, who was a football player and a former Matilda, and Olympian, in addition to being the mother of a 3 year old daughter initiated a complaint of discrimination against the FFA, i.e., the Football Federation Australia before the Anti-Discrimination Board of the New South Wales. The complaint was based on the rejection of the assistance request by Garriock when she was offered a place on the three week football tour which was to take place in USA by the FFA. The assistance request was related to the costs of child care for the period of this tour. The standard pay for FFA for an earlier tour was nearly one half of the costs of the child care for the daughter of Garriock[2]. Garriock had represented Australia as a nation in two Olympics and three World Cups[3]. The selection for USA included a paid allowance of $150 each day and $ 500 for each game, where for the two week tour, she earned $2,440 overall[4]. It was contended by Garriock that the conduct of the FFA had been an indirect discrimination towards her and as a result of this, there had been a contravention of provisions covered under the NSW Anti-Discrimination Act, 1977[5]. This claim was based on the illegality in discriminating against an employee owing to the responsibilities of the carer. The section claimed here was section 49V of this act on the basis of the responsibilities as a carer in employment area. The main issue in this case was related to the identification of the condition or requirement regarding the need of Garriock which had to be met by the FFA. This is because in a claim of indirect discrimination, identification or a condition or a requirement is an important element. The FFAs unlawful conduct covered the imposition of a condition and requirement which was garnered for the person with regards to its fulfilment in comparison to others and the same was not reasonable. The requirement here was for the players to take the entire responsibility of the substitute carer arrangements for the tour and its costs. And the alternative requirement was for players to take the tour where the entire responsibility of alternative maternal care arrangements for the infant was the responsibility of the player along with its costs[6]. 2.On behalf of Garriock, it was argued that the section 49V(1)(c), 49V(2)(a) and 49V(2)(d) had been contravened as the FFA had discriminated against her based on her responsibilities as a carer in the matter of terms offered, for discriminating with regards to condition of employer that the employer affords the employee, or for the detriment of the employee. She also stated that during the tour period, she was an employee of the FFA. However, the same was denied by FFA. The issue was not contested as section 49V of this act did include the work under the contract, which Garriock was under for the tour[7]. A claim of indirect discrimination was also stated on the basis of section 49T(1)(b) of this act. She stated that the indirect discrimination was based on the responsibilities which she had as a carer as she was required to fulfil the requirements of the FFA, which were not reasonable. This requirement was related to her bearing the responsibility of the costs of care of her daughter during the US tour. She rejected the claim of the FFA that the impugned requirements were only applicable on her[8]. This was due to the testimony of Freeme regarding the imposition of these requirements as a general rule which was equally applicable on each and every player taking part in the tour[9]. With regards to the claims made by the FFA, she also contended that she had to bear adverse effects owing to the requirements which became applicable only on her on the basis of Hurst v State of Queensland[10]. The FFA stated that the conduct which had been claimed upon by Garriock did not fall under the sections quoted by her. They further stated that the impugned requirement had not been imposed at any stage, which included the time when Garriock was hired and the time when she was engaged on the tour. They also pointed that the impugned requirements were not the precondition for selection as Matildas member. FFA also stated that the entire complaint was misconceived as the same did not require the plaintiff or any other player on the US tour to follow the requirement or the alternative requirement, i.e., the impugned requirement. The FFA did not have the need of bringing Kaizen, i.e., the infant, on the tour or for incurring the costs of bringing her on the tour. The decision had to be followed on tour by dependent child and the relatives as the same was a private matter and this was not related to the terms based on which the players were brought on roll. It was also argued by the FFA t hat it was unfair to characterise the refusal to accommodate the demands of Garriock regarding bearing of costs related to bringing Kaizen on tour, for the purpose of requirement provisions covered under section 49T(1)(b) of the quoted act[11]. 3.Another major argument put forward by the Federation was that contrary to the beliefs of the plaintiff regarding the pay for the child care costs to be the responsibility of the employer, she failed in pointing out any of the industrial agreements or laws as per which the GFA had to contribute towards the additional cost of child care which she would otherwise have to incur due to her participation in the tour. The FFA went on to submit that there was an absolute lack of evidence which could put the requirement that the other players had to comply with either of the impugned requirements. This was because Garriock was the sole player on the US Tour who had not been engaged under the playing contract of Matildas and was also the sole player who had carer responsibilities with regards to an infant child. Also, the impugned requirements had been elucidated in such terms which could only become applicable over Garriock[12]. This was a major problem for the claims of Garriock as the req uirement had to be one which had to be complied by the whole group as was held in the case of Australian Iron and Steel Pty Limited v Banovic[13]. 4.The Tribunal rejected the application of Garriock based on the requirement and alternative requirement failing to be constituted as a condition or requirement based on the quoted act. It was indicated by the Tribunal that for constituting the same as a condition or a requirement under the quoted act, there was a obligation on part of the employer that the requirement was not only applicable on the aggrieved party but on every other employee. The reason for this was given as the provisions covered under the act regarding indirect discrimination where the decision maker is required to decide upon whether the substantially high proportion of an individual without the related feature for complying or being able to comply with the requirements, in comparison to the individual with the relevant feature[14]. In the given case, the Tribunal held that the plaintiff had been the sole individual who had to follow the alternative requirement or requirement. The other players on the tour did not have the responsibility as a carer for the infant child and there was no other player who was accompanied by the child. On the basis of this, it could not be stated that the players who were without carer responsibilities were under the obligation for the alternative carer arrangements which was occasioned by the tour and the costs associated with it. It was expressed by the Tribunal that the FFA was likely to be subjected to criticism regarding the same to be perceived to be mean spirited and also inflexible attitude towards the player, to the likes of the plaintiff. Though, the anti-discrimination act did not provide the remedy for any and all forms of discrimination[15]. The Tribunal compared the present case to the situations with the young student having hearing impairment, in the case of Hurst and Devlin v Education Queensland[16]. In the quoted case, there had been an obligation on the students in classroom to accept the education and also get the instructions in English, without getting any help of the interpreter or the Auslan teacher. Hurst in this case had been the sole individual in the class who had the relevant features based on which the discrimination had been claimed as a result of her hearing impairment. Even though the adverse effect of this obligation was focused on the impact of Hurst and the rest of the students in the class did not face any difficulty in fulfilling the conditions. Unlike the present case, the difference with the quoted case was the requirements had to be complied with all the students in the classroom[17]. The emails which had been exchanged in between Garriock and Freeme particularly with regards to the statement of Freeme regarding it not being the responsibility of the employer to pay for such costs in addition to the admission which was made under the oral evidence was a simple reliance over the position of FFA regarding any person who wanted to bring their child on the tour, bearing the costs associated with the child. This was a proof enough that Garriock had not been singled out by the FFA and instead that she was subjected to the general rule which applied on everyone. In order to comparison regarding Garriock being not engaged on Matildas Playing Contract, there was a need to identify the relevant base group as per Bonella Ors v Wollongong City Council[18]. The act did not set down the composition of this group, which had to be varied based on the situation of the pertinent case. Though, as per Commonwealth Bank v Human Rights and Equal Opportunity Commission[19], there was a need to show the importance of the applicable features for complying with the impugned requirements. Being engaged on differentiated terms in comparison to other players did not how that the touring team represented an improper base group where the requirements were applicable equally on all the players. The claim of Garrriock based on Hurst v State of Queensland was not related to the problems identified in this case[20]. The Tribunal came to conclude that if an unlawful discrimination is upheld in this case, it would strain FFA in an impermissible manner, even when the most liberal interpretation was adopted with regards to the pertinent provisions of the anti-discrimination act. And as a result of this, the complaint of Garriock had been rejected by the court[21]. Bibliography Cases Australian Iron and Steel Pty Limited v Banovic [1989] HCA 56 Bonella Ors v Wollongong City Council [2001] NSWADT 194 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Garriock v Football Federation Australia [2016] NSWCATAD 63 Hurst and Devlin v Education Queensland [2005] FCA 405 Hurst v State of Queensland [2006] FCAFC 100 Legislation Anti-Discrimination Act, 1977 (NSW)Other Anti-Discrimination Board of NSW, Matildas childcare case fails (May 2016) https://www.antidiscrimination.justice.nsw.gov.au/Pages/legal-cases/matildas-childcare-case-fails.aspx Austlii, Garriock v Football Federation Australia [2016] NSWCATAD 63 (8 April 2016) (20 April 2016) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAD/2016/63.html?context=1;query=Garriock%20v%20Football%20Federation%20Australia%20;mask_path=au/cases Legal Vision, Flexible Working Arrangements: On and Off the Field (27 April, 2016) https://legalvision.com.au/flexibility-and-support-both-on-and-off-the-field/ New South Wales Case Law, Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.caselaw.nsw.gov.au/decision/5705a150e4b05f2c4f04c9c6 PCC Lawyers, Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.pcclawyers.com.au/news-centre/recent-law-cases/277-garriock-v-football-federation-australia-2016-nswcatad-63 Young J, Even Matildas Need Childcare: An Analysis Of Garriock V Football Federation Australia (8 August 2016) https://www.corrs.com.au/publications/corrs-in-brief/even-matildas-need-childcare-an-analysis-of-garriock-v-football-federation-australia/ Garriock v Football Federation Australia [2016] NSWCATAD 63 PCC Lawyers, Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.pcclawyers.com.au/news-centre/recent-law-cases/277-garriock-v-football-federation-australia-2016-nswcatad-63 Anti-Discrimination Board of NSW, ?Matildas childcare case fails (May 2016) https://www.antidiscrimination.justice.nsw.gov.au/Pages/legal-cases/matildas-childcare-case-fails.aspx Janine Young, Even Matildas Need Childcare: An Analysis Of Garriock V Football Federation Australia (8 August 2016) https://www.corrs.com.au/publications/corrs-in-brief/even-matildas-need-childcare-an-analysis-of-garriock-v-football-federation-australia/ Anti-Discrimination Act, 1977 (NSW)At 4Ibid Legal Vision, Flexible Working Arrangements: On and Off the Field (27 April, 2016) https://legalvision.com.au/flexibility-and-support-both-on-and-off-the-field/ New South Wales Case Law, Garriock v Football Federation Australia [2016] NSWCATAD 63 (2016) https://www.caselaw.nsw.gov.au/decision/5705a150e4b05f2c4f04c9c6 Hurst v State of Queensland [2006] FCAFC 100 At 9 Austlii, Garriock v Football Federation Australia [2016] NSWCATAD 63 (8 April 2016) (20 April 2016) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAD/2016/63.html?context=1;query=Garriock%20v%20Football%20Federation%20Australia%20;mask_path=au/cases Australian Iron and Steel Pty Limited v Banovic [1989] HCA 56At 12 At 9 Hurst and Devlin v Education Queensland [2005] FCA 405At 12 Bonella Ors v Wollongong City Council [2001] NSWADT 194 at [77] Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 at 42At 12 At 9 the requirements had to be complied with all the students in the classroom

Components of Criminal Justice System free essay sample

This presentation will address the components of the criminal justice system and the stages of the criminal justice process. Police, court and corrections are the main components in the criminal justice system; they each play a significant role in the various stages. The content will be an overview of the criminal justice system as well as a description of the police officer, district attorney, defense attorney and local magistrate roles. The prosecution should become involved in a case post arrest and stay out of the original stages of the investigation to avoid a miscarriage of justice. A defense attorney can become involved in a case before the person is investigated or arrested because everyone has the right to counsel at any time. A magistrate judge’s function begins after the police file a criminal complaint and ends when the case proceeds to trial. Criminal Justice The criminal justice system is the combination of legal and social institutions used to enforce criminal law in accordance with a defined set of rules and limitations. We will write a custom essay sample on Components of Criminal Justice System or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The main goals of the criminal justice system are deterrence, retribution, restoration, incapacitation and rehabilitation (Mutchnick, 2011). The purpose of deterrence is to prevent criminal behaviors through the fear of punishment and prosecution. Retribution seeks to take revenge on a criminal by punishing them and making them pay for their crime. Restoration attempts to repair the damage done to the victim by building back the relationship between the victim and the criminal and between the criminal and the community. Incapacitation takes away the criminal’s ability to further harm the community by removing them from society, incarcerating them in a proper facility. The final goal of the criminal justice system is rehabilitation which tries to reform a criminal by providing the skills and emotional strength to live without committing a crime. The main components of the criminal justice system consist of the police, the courts and the corrections (Mutchnick, 2011). These components play different roles in the criminal justice system and can involve various offices and agencies. The police protect individual’s property and life by enforcing the law and dedicating their time to reduce and prevent crime. Police maintain the public peace by apprehending offenders and investigating crimes. Next, the courts protect the rights of individuals by ensuring due process was followed and conducting fair and impartial trails (Mutchnick, 2011). The court system determines innocence or guilt of an individual and decides on criminal cases. The third component of the criminal justice system is the corrections which provide custody and supervision for convicted and sentenced offenders. The corrections system tries to rehabilitate, reform and help to reintegrate criminal offenders back into the community. The criminal justice process consists of five major stages: investigation and arrest, pretrial activities, trial, sentencing and corrections (Mutchnick, 2011). Each stage involves the different components of the criminal justice system the police, the courts and corrections. The first stage of investigation and arrest involve issuing a warrant to gather evidence to reconstruct the crime scene. An officer of the court directs a law enforcement official to perform a specific act related to the investigation of a crime by using a warrant which provides legal protections for the search and seizure of evidence and property. The police will arrest the alleged criminal and process them into the corrections system which is also known as â€Å"booking†. Pretrial activities include the first appearance, preliminary hearing, information or indictment and arraignment (Mutchnick, 2011). A suspect must be brought before a magistrate judge within 48 hours of their arrest for an initial court appearance. The magistrate will explain the individual’s rights, their charges and provide the opportunity for bail. The preliminary hearing decides whether there is enough evidence against the defendant to proceed through the judicial process. The court judge must determine if there is probable cause that the defendant committed the alleged crime. In some states, a formal written accusation is required to be heard by the grand jury before the case can go to trial. The arraignment is when the defendant first appears before the court that has the authority to move forward to the trial. After all of the pre-trial activities, the next stage of the criminal justice system is the criminal trial. The trial is held in the court system and the district attorney attempts to prove that the defendant is guilty beyond a reasonable doubt. The trial examines of the evidence, presents witnesses and other information relevant to the accused crime. The trial decides whether the defendant is innocent or guilty and whether the individual should be convicted or acquitted from the charges. When the defendant is found guilty, the criminal justice system proceeds to the next stage of sentencing. The court judge sentences the criminal to pay fines, be placed on probation or to be incarcerated. The judge decides what the appropriate punishment would be based on the defendant’s criminal record and the nature of the crime. Individuals found guilty on multiple charges will serve either consecutive or concurrent sentences. Consecutive sentences are served one after another while concurrent sentences are served all at the same time (Mutchnick, 2011). Police officers protect property and life by enforcing laws, ordinances and regulations. They are responsible for performing routine duties assigned by superior officers and patrolling assigned areas. According to the Municipal Fire Police Civil Service Board, police work normally includes checking parking meters, traffic patrol, preliminary investigation and investigation duties (Municipal Fire Police, 2011). Police officers must be able to act without direct supervision when faced with personal dangers. They may also be required to assist other employees in the police department with other duties such as interrogations, searches and escorting prisoners. Police officers are employed by federal, state or municipal governments and are responsible for enforcing the laws of their jurisdiction. They are expected to exercise their authority when necessary, whether on or off duty (Municipal Fire Police, 2011). Uniformed police officers are assigned general law enforcement duties such as patrolling their assigned area and responding to calls for service. Some police officers specialize in more specific types of duties such as fingerprint identification, firearms training or chemical analysis. Others work with special units such as drug taskforce, special weapons and tactics (SWAT), canine patrol and emergency response teams. Police officers and detectives at all levels of employment are responsible for writing reports and keeping meticulous records that would be needed if they testify in court. A District Attorney is an appointed government official who represents the U. S. Government in the prosecution of criminal offenses (U. S. Legal, 2011). The District Attorney’s Office investigates alleged crimes in cooperation with the police, manages the prosecutor’s office and files criminal charges or brings evidence before the Grand Jury. District Attorneys preside over a particular area or jurisdiction and their duties are governed by state law. They must bring up all court indictments and prosecute all indictable offenses and are prohibited from practicing law in any other manner than in the discharge of their office. The District Attorney’s Office is also responsible for issuing subpoenas for persons to appear in court and administering oaths to examine them for violating the criminal laws of the state (Net Industries, 2011). The prosecutor’s office should become involved in a case post arrest, after the criminal is arrested by law enforcement officials or police officers. After the alleged crime is investigated, it is the role of the police to initiate the criminal proceedings by filing a formal compliant with Magisterial District Judge(MDJ) in the area that the crime was committed (). The MDJ decides to issue a summons or a warrant depending on the seriousness of the alleged crime. When a warrant issues an arrest on an individual, the person must appear before the MDJ for a preliminary arraignment where they will receive a copy of the criminal charges and be advised of their rights (). The prosecutor’s office is not involved until after the preliminary hearing and formal arraignment, when the pretrial conference is held with the defendant, the defense and the assistant district attorney prosecuting the case. During the pretrial conference, all pretrial matters are resolved and the defendant can choose to enter a plea of guilty or elect to have a non-jury or jury trial (U. S. Legal, 2011). The prosecutor should not be involved in the original stages of the investigation because it would be considered a miscarriage of justice. Police officers and detectives are responsible for conduction investigations and gather evidence to file criminal complaints against offenders. The District Attorney is only involved when the case goes to court and the person is actually on trial. The prosecutor should not try to find offenders and become involved in investigations because it is not their job and they could cause unnecessary bias or complications. It is not a good idea to involve court prosecution with the fact-finding stages of the criminal justice system because they would be influencing the prosecution of the alleged criminal. In order for the criminal justice system to be fair, each component must complete the asks that are assigned to them and not try to share roles when it comes to justice. The Model Rules of Professional Conduct define the role of a criminal defense attorney as a lawyer that represents clients as an officer of the legal system and a public citizen with special responsibility for the quality of justice (Flowers, 2011). The three main roles of the criminal defense attorney are as an advocate, an officer of the court and a minister of ju stice. The American Bar Association Criminal Justice Standards suggest that defense attorneys satisfy their duty to the administration of justice as an officer the court by serving as the accused’s counselor and advocating with courage and devotion to render quality representation (Flowers, 2011). Criminal defense attorneys have duties to the court as well as the defendant. It would be inaccurate and unethical to say that a criminal defense attorney is only an advocate because they have a responsibility to seek the truth and uphold the rules of the court. The criminal defense attorney can become involved in a case prior to indictment or arrest. Every citizen has a right to counsel before charges are even filed (Flowers, 2011). As soon as someone becomes aware that police are questioning or investigating, they can seek a criminal defense attorney to prevent being arrested or charged. The earlier that the defense attorney is involved, the better chance the defendant will have to win the court case. Although if a person is guilty, they may want to plead guilty to receive a lesser charge or sentence when they are convicted. Criminal defense attorneys should advise their clients on the best options and choices available regarding pleading guilty and making a deal with the prosecutor’s office. Many times the defense will not want to risk getting convicted by a jury and they will seek a plea agreement with the district attorney’s office. These plea agreements are at the discretion of the prosecution and they can refuse proposed deals at any time. A local magistrate’s function begins when the police file criminal charges against an individual. The Magistrate’s job consists of deciding whether to summons the accused or issue a warrant for the person’s arrest. If a warrant is issued, the accused person must appear before the Magistrate judge to be advised of his or her rights and receive a copy of the criminal compliant (Northumberland, 2000). At the preliminary arraignment, the Magistrate judge can decide whether to grant the defendant bail. Usually within 3 to 10 days of the arrest and preliminary arraignment, the preliminary hearing is held before the Magisterial District judge and the district attorney will present evidence to prove that a crime has been committed and there is reasonable doubt that the defendant committed the crime (Northumberland, 2000). This is known as a prima facie case which means that the case will proceed to trial. The Magistrate judge will be no longer involved in the criminal proceedings as the president judge will preside over arraignment and throughout the trial. Conclusion The criminal justice system is the collaboration of police, court and corrections systems to enforce criminal laws and limitations. The five major stages of the criminal justice system are investigation and arrest, pretrial activities, trial, sentencing and corrections. Each stage involves various components of the criminal justice system to ensure that justice is fair. Police officers protect property and life by enforcing laws, ordinances and regulations in their jurisdiction. District Attorneys represent the U. S. government through the investigation and prosecution of alleged crimes. The prosecutor’s office should become involved in a case post-arrest which is after the alleged criminal is investigated and arrested. It would be considered a miscarriage of justice if the prosecution was involved in the original stages of the investigation because they should not be completing police officer’s responsibilities. Criminal defense attorneys serve as an advocate for their clients, an officer of the court and a minister of justice. The function of the Magisterial District Judge begins when the police file a criminal complaint against an individual and ends when the case progresses to an actual trial. The criminal justice system is a complex arrangement of resources used to uphold the law and prosecute criminal offenses.