... plea bargaining agreement prior to acceptance by the judge. However, the true nature of plea bargaining includes situations where judicial review is nonexistent. Implicit plea bargaining, by definition, is never officially subject to court approval. Implicit plea bargaining involves situations where defendants do not negotiate for certain concessions but instead are presented with the fact ... seldom reject plea bargaining agreements involving sentencing recommendations by the prosecutor.[15] Therefore, the phrase "subject to court approval" obscures the reality of plea bargaining and in...

• Word Count: 4220
• Approx Pages: 17

... system, the solution to the inconsistencies and uncertainties lays within the law. One solution consistently proposed by commentators is the need for the legislature to develop an expand legal definition of "parent."(295) It is felt that lesbian-mother and gay-father families, if not considered "nontraditional families" are ill served by rigid definitions of parenthood. " ... the concept of parenthood would be a status available to individuals regardless of their gender. A recent state court decision, which accurately illustrates the weaknesses in current domestic relations law regarding ...

• Word Count: 1569
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... person of life, liberty, or property, without due process of law." This legal principle is known as incorporation. What is due process, this concept might seem at best an easy definition that could be explained in a sentence or two. However, when one looks at the concept of due process, one is destined to find that the term is not susceptible to ... an exact, strict, all-inclusive, or concrete definition. Part of the majesty of the concept is that it is too broad to admit of a short definition that embraces every situation, and that any definition must depend on the relation a particula...

• Word Count: 3780
• Approx Pages: 15
• Has Bibliography
• Grade Level: High School

... genocide to a miracle. State courts cannot collectively rule on the legal matters of the issue because they cannot come to an accord on the definition of the practice, and what, if anything, it should legally, and/or constitutionally entail. Religious officials cannot come together on the issue because ... the American public decide whether or not euthanasia is legally, morally, and/or constitutionally right when they can decide neither on the definition of the word nor the definition of the practice? Some Americans believe that the dispute over euthanasia is a legal one; others believe i...

• Word Count: 1065
• Approx Pages: 4
• Grade Level: High School

... citizens who "may" have violated any provision of Section 802 of the first Patriot Act. Section 802 is the new definition of domestic terrorism, and the definition is "any action that endangers human life that is a violation of any Federal or State law." The Justice Department boldly ... claims that the incredibly broad Section 802 of the First USA Patriot Act is not broad enough and that a new, unlimited definition of terrorism is needed. Under Section 501 of the new patriot act, a United States citizen engaging in lawful activities can be grabbed off the ... individual would be pena...

• Word Count: 3202
• Approx Pages: 13
• Has Bibliography
• Grade Level: Undergraduate

... means for material to be indecent. They are not the same thing, and obscenity is considered a more serious offense. The modern definition of "obscenity" is material that is legally obscene and is not protected under the First Amendment. Obscene material is also known as hard-core ... pornography . The modern definition of "Indecent material reads; Material that may be sexually graphic but is protected by the first amendment. Indecent Material is also referred ... to deprave and corrupt those whose minds are open to such immoral influences and whose hands it might fall"1. The Comstock A...

• Word Count: 2436
• Approx Pages: 10
• Has Bibliography
• Grade Level: High School

... an act of sexual harassment, what I am saying is that is does exist and is something that needs to be watched closely. For starters everyone does not actually know the definition of sexual harassment, and this is something that needs to be cleared up right away. Sexual Harassment is defined as "Unwelcome sexual advances, requests for sexual favors, and other verbal ... ." (www.princeton.edu/puhs/sharass.shtml). There are two kinds of sexual harassments in today's business world. Quid pro quo, which is definition (1, 2) and hostile environment, which is explained in part three is the defi...

• Word Count: 1626
• Approx Pages: 7
• Grade Level: High School

... pass laws that future Parliaments cannot change. PS is the most important part of the UK constitution"3. Political philosopher AV Dicey has similar views, which are apparent with the definition in his book4. This concept of supremacy does not imply that Parliament will be reckless as to what laws it creates, amends or abolishes. The concept of SoP works alongside ... the principle of PS to ensure a check is kept of the activities of the Parliament. Since the definition given by the Parliament itself is based on the definition by Dicey, it can be said that Dicey has significant ideologic...

• Word Count: 1820
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... Eighth Amendment or not. In the United States Constitution, the Eighth Amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual." Based on this definition, many people argue that capital punishment violates the Eighth amendment, because its character consists cruel and unusual in practice and law. Before we look into the constitutional issue of death ... penalty, we need to understand the definition of "cruel and unusual". First, we need to understand these words meaning in the dictionary. Then we need to understand why the framers of c...

• Word Count: 1056
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... segregation. Thurgood managed to persuade the Supreme Court to unanimously declare segregation in public schools unconstitutional under the equal protection clause of the 14th Amendment. When Thurgood was asked for a definition of "equal " by Justice Frankfurter, Thurgood said, "Equal means getting the same thing, at the same time and the same place". Additionally, Thurgood fought to win four other ... segregation. Thurgood managed to persuade the Supreme Court to unanimously declare segregation in public schools unconstitutional under the equal protection clause of the 14th Amendment. Wh...

• Word Count: 10466
• Approx Pages: 42
• Has Bibliography
• Grade Level: High School

... determination, one woman defined herself. She, her father and her mother all helped define who she was and who she became. Amanda America Dickson's life is one of active self-definition rather than passive submission to the restriction of enslavement and its entitlements. As an African American woman born to a white father and enslaved mother, Amanda America Dickson's life could have ... in reading and writing, for their handwriting is similar. This was unusual for any woman of that time and helped set Amanda Dickson apart in another vital area or self- definition, education. Her early ...

• Word Count: 894
• Approx Pages: 4
• Has Bibliography

... society would be forced to handle matters on their own and that could possibly lead to social disorder. Law is the body that governs social order in our society. That definition is sufficient but without its key components is becomes useless. The key components of law are consequences to deter offenders, regulations to protect individual rights, and a forum in which to ... settle disputes. There is no perfect definition of law. Law means different things to different people. My final definition of law is a body that governs social order in our society which has consequences set up for o...

• Word Count: 510
• Approx Pages: 2
• Grade Level: High School

... Americans die yearly from pneumonia and influenza than in all homicides and suicides, even non-gun related, combined. Many people listen to doctors, who reason that guns are pathogens. The definition of a pathogen is an object that causes disease when introduced to a pathogen-free environment (AMA). There are 200 million privately owned guns in America, and only an utterly tiny fraction ... of them are used in crimes. According to the definition, guns are not pathogens and not a public health hazard. The presence of a gun, specifically a handgun, is beneficial to a civilian in the event...

• Word Count: 2277
• Approx Pages: 9
• Grade Level: High School

... Americans die yearly from pneumonia and influenza than in all homicides and suicides, even non-gun related, combined. Many people listen to doctors, who reason that guns are pathogens. The definition of a pathogen is an object that causes disease when introduced to a pathogen-free environment (AMA). There are 200 million privately owned guns in America, and only an utterly tiny fraction ... of them are used in crimes. According to the definition, guns are not pathogens and not a public health hazard. The presence of a gun, specifically a handgun, is beneficial to a civilian in the event...

• Word Count: 2182
• Approx Pages: 9
• Grade Level: High School

... For Democracy, as a system of rule by the people for the people, defined by the aspects of popular sovereignty, political equality, and political liberty. To understand the meaning of the definition of democracy, the three principals must be defined. Popular sovereignty is basically that the majority is the final rule. Political equality is the tenet that all persons have equal sway ... in the world and US citizens automatically say, "yes, we (US) are democratic" or even go as bold as saying "I love our democracy!" without even understanding the full concept and definition of democracy....

• Word Count: 976
• Approx Pages: 4
• Has Bibliography

... the ruling, for the case was decided solely on the grounds of the Commerce Clause. In Chief Justice John Marshall's opinion, the definition of "commerce among several states" set a precedent for the next century. "Commerce, says, Marshall, is [intercourse]. Marshall's definition of commerce encompassing trade among states in a way that allows the Federal Government to police protectionist measures" (Reynolds 9). This decision stood ... Interstate Commerce" (Findlaw). But after "Roosevelt's court-packing scheme" (Reynolds 10), and the Nation's gullibility on the 5 New Deal, the Court cha...

• Word Count: 2398
• Approx Pages: 10
• Has Bibliography

... measured in monetary value, but in the cost to society and the organizations that these cases originate from. The first step in dealing with sexual harassment is to know the definition and how it pertains to every situation. The key is to know that any unwelcome advance is grounds for sexual harassment. To better support, your case there are certain things ... guidelines that need to be followed to insure the policy will cover all required laws in effect. The first thing that needs to be identified in the policy is the definition of sexual harassment in accordance with Title VII of the ...

• Word Count: 4193
• Approx Pages: 17
• Has Bibliography

... ending the life of an individual suffering from a terminal illness or an incurable condition, as by lethal injection or the suspension of extraordinary medical treatment." Not everybody agrees with this definition. I deeply believe that euthanasia should be a personal choice and not another person's alternative to end one's life, if one is suffering from excruciating pain due to an incurable disease. Some ... the question of voluntary and involuntary euthanasia as well as the ethical and moral constraints of assisted suicide. Campbell's main argument is that "if the pain and suffering a...

• Word Count: 1483
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... satisfy a democracy, which includes: equality in voting, effective participation, enlightened understanding, citizen control of the agenda, inclusion, rule of decision, and representation. Is America a democracy? Yes, America is a democracy by definition. However, over the course of American history, the shape of American democracy and how it was defined has greatly evolved. In the early part of American history, I believe that the ... truly democratic until every person has a voice; men, women, all races and backgrounds. Our early government failed to provide equality and many other majo...

• Word Count: 753
• Approx Pages: 3
• Grade Level: Undergraduate

... ", Quindlen gives several examples as to why gay adoptions and marriages should be legal. The article's examples stem from the way society looks at gay relationships and marriages and the definition by which our society defines marriage. She starts off by telling about a situation where gay adoption was excepted. In her first paragraph she states that, " a judge in New York approved ... because they were both women. Implying that, " something as small as that can make you small"(411). Quindlen tells how the Bible was an influence on the definition of what marriage is; "marriage is by def...

• Word Count: 451
• Approx Pages: 2
• Grade Level: Undergraduate

... , which is one reason why the 3rd section of the DOMA should have never been turned down. The DOMA was one of the only things providing defense against the real definition of marriage, which is now on its way to being corrupted. Another reason supporting why gay marriage is wrong is because it isn't natural. Animals aren't gay, and if you ... . Not only does marriage ruin value for many but it has a bad influence on kids and is a unnatural behavior. It also just causes more conflict with religion and the real definition of marriage. Gay people have the same rights as everyone else and it...

• Word Count: 1757
• Approx Pages: 7
• Grade Level: Undergraduate

... the term marriage, talk about medical and constitutional issues, the ability to adopt, and the economic prosperity associated with legalizing the same-sex marriage. Each person has his/her own definition of happiness and what a normal marriage is. Some people say that a historical traditional marriage is a union between a male and a female. But is that a true statement? The ancient Hebrews engaged in ... until 1967 also ("A historical look at Marriage"). Why? Did that contradict "the traditional marriage"? In 1967 Supreme Court revoked the laws that prohibited interracial unions. We can...

• Word Count: 1305
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... . The courts rested their decisions on the circular argument that the couples equal protection rights were not violated because they were excluded by the traditional definition of marriage, which in turn denied them any rights under that definition. The relationship proposed by the applicants did not allow the issuance of a marriage license because what they had was not in the traditional sense ... ...

• Word Count: 2327
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... of the social contract. Remembering the theme of tyranny prevention, the previous question takes on a subtle new meaning. How do the laws inherently prevent their invalidation through tyranny, tyranny by definition being illegitimate? The simple answer to this question is the constitution. The constitution establishes the valid purposes for the legislature to make laws. It concerns itself with ensuring that the ... of each branch's role in regards to the law is explicit in the third question. While the legislature's role has been solidly defined, the Executive and Judicial branches are ...

• Word Count: 2163
• Approx Pages: 9
• Grade Level: High School

... Americans, homosexuals, and women. To figure out if the women's liberation movement was a radical one, we should first look at the definition of radical. The American Heritage dictionary defines radical as "Advocating fundamental or revolutionary changes." According to this definition the women's liberation movement was indeed a radical one. The women's movement was primarily pushed by young educated women who found it difficult ... ...

• Word Count: 489
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate