The American Society Of Criminology Essay - 1602 Words

The American Society Of Criminology â€Å"AHHHHhhhhh!† I let out a girlish scream and squirmed as shivers went strait up my spine. I was glued to the latest episode of CSI: Crime Scene Investigation, a show that I have watched religiously since its debut. Criminology is something that has always fascinated me, and is a career that I hope to pursue in the future as an FBI agent. I frequently surf the web looking for short stories to read about different criminal cases and to find information about job opportunities and internships. One day I found a website of an organization that studied crime independently of the government. I was immediately intrigued by the organization, and began reading about the American Society of Criminology.†¦show more content†¦Today, membership includes â€Å"anyone interested in enhancing the professional interests of the study of criminology from students, to practitioners, to scholars of various professional criminological specialties† (American Society of Criminol ogy homepage). Membership of ASC is no longer limited to a geographic area. ASC has grown into an international organization involved with other professional societies of criminology around the world. ASC sponsors an employment exchange between its members to facilitate the various job openings in the criminological field over seas. Today, nearly 1,000 people are attending annual meetings and â€Å"every major criminologist in the United States is a member and active participant of ASC† (American Society of Criminology homepage). Also, there are currently 121 (15.2%) female members of what was originally a completely male organization. ASC’s large numbers in membership and diversity makes the organization a unique professional association of some of the world’s best and brightest thinkers (American Society of Criminology homepage). The American Society of Criminology meets once a year at a large hotel to discuss a particular topic of general interest. The society is divided up by committees, for seminars and plenary sessions. At the last meeting, there were two dozen society committees and one hundred and eighty panels. The society publishes threeShow MoreRelatedCriminology : Crime And Crime1123 Words   |  5 Pages Gangs have been exceptionally violent in recent years. Criminology, in respect to gangs, refers to the acts of violence and theft conducted by gangs, which are also prohibited by the law and law enforcement bodies. 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Immigration Settlement And Spatial Assimilation - 1015 Words

Immigration settlement and spatial assimilation lead to a diversity of segregation patterns among many groups throughout U.S. history. Dating back to the 1900’s as much as 90% of Blacks lived in southern states. Douglas Massey stated in his Residential Segregation essay that these southern states contained only 25% of whites, most Blacks lived in rural counties that yielded a large portion of segregated and racially isolated minorities. Shifting ahead to today, racially segregated neighborhoods share a common theme, many Blacks cluster into neighborhoods that are in and around urban areas that seem to be close to the city center. Massey explains that the concentration of space that Black people occupy in these areas is increasingly becoming confined into smaller, compacted areas. I feel Massey is explaining that Blacks living in these â€Å"areas† are essentially getting pushed out in an effort to re-build or â€Å"cleanup† the areas. 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An Analysis of Police Reforms Free Essays

string(50) " of rule of law as well as political credibility\." 1 COMPARATIVE JURISPRUDENCE PROJECT TOPIC:An analysis of police reforms, in light of Aristotle’s theory of justice SUBMITTED TO: PROF. AMITA DHANDA SUBMITTED BY: DEEPINDER BAL ROLL NO. – 11 LL. We will write a custom essay sample on An Analysis of Police Reforms or any similar topic only for you Order Now M I YEAR EMAIL- deepinder. bal@nalsar. ac. in 1 Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad practices in the functioning of the police. 2 Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotle’s theory. Aristotle’s vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment. 2 Topic- An analysis of police reforms (In light of the judgment, Prakash Singh others v. Union of India and others on 22, Sept, 2006) 3 The Government of India appointed a National Police Commission in 1977 to examine the role and performance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution. The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people. As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotle’s theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police. Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy. Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character. We must recognize that the police is one of the most vital social institutions needed to construct a democratic society in which human rights and freedoms are respected and protected. He also stated that â€Å"the end and purpose of a polis is the good life, and the institutions of social life are means to that end†. 1 1 Who deserves what? , Michael sandel’s theory of justice. 3 A political community exists to promote a good life and this aim cannot be achieved without the support of an efficient social organization. So, the police service is a significant part of the socialization body and it seeks to enhance the democracy and the civility within the society. 4 The aim of the police force is to promote the welfare of society for which they must be equipped with the professional knowledge and the necessary powers for creating a social just environment for the citizens. Aristotle believes that it is possible to reason the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all. Policing is a dynamic process. It needs to be constantly reinvented in order to be effective. Civil society advocates for a variety of policy changes, new legislations all aimed towards public good. Law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that lead to good character. â€Å"Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their ark, and it is in this that a good Constitution differs from a bad one†. 2 Presently, the police organisation is marked by aback of democratic functioning and adequate police direction. Police priorities are defined by, and changed according to, the will of the political executive. The manner is which political control has been exercised in India has led to gross abuses, resulting in the erosion of rule of law as well as political credibility. You read "An Analysis of Police Reforms" in category "Essay examples" At present the laws governing the relationship between police and the political executive are not clear enough to prevent the blurring of boundaries. Over the course of time this lack of clarity has permitted all kinds of illegitimate interferences to seep into the police functioning and is one of the seminal causes for poor overall management of the police and the difficulty of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police have to function as any other public service, which renders services to the community and not as â€Å"force†. Aristotle has also made a distinction between â€Å"rule of law† and â€Å"rule of force†. The rule of law is a democratic rule for the benefit of the entire population (all citizens, the public or the nation as such), whereas the rule of force is an authoritarian, perverted and corrupted form of rule for the advantage of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observed, â€Å"Today, police forces have to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is need to have in the police forces a managerial philosophy, a value system and an ethos in tune with the times. I had 2 3 Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002. Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to ensure that the police forces at all levels change from a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of being just and humane in ones action must permeate the entire police force†. 4 The Supreme Court too, reiterated the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5. The Court ordered that police reform must take place. The states and union territories were directed to comply with seven binding directives viz. to Constitute a State Security Commission, selection and minimum tenure of DGP, minimum tenure of IG of police and other officers, separation of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints Authority and to set up a National Security Commission, that would kick start reform. These directives pulled together the various strands of improvement generated since 1979. The Court required immediate implementation of its orders either through executive orders or new police legislation. According to me, the judgment of the Supreme Court though came after a decade of the filing of petition; it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelian’s theory of justice, every social practice or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society. If this purpose is not being achieved, the need for police reforms in keeping with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as: Justice is teleological- defining rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to argue about it- is, at least in part, to reason or argue about what virtues it should honor and reward. 6 In any country, administration of justice is one of the primary functions, which it seeks to promote. One of the ways through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory while discussing the concept of justice with regard to telos and honouring of virtues, stresses that you honour only those persons who help in achieving your purpose. 4 Prime Minister’s address to the Annual conference of DGPs / IGPs of States and UTs; October 6, 2005; New Delhi; retrieved from http://pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, Writ Petition (civil) 310 of 1996. 6 Supra, note 1. As according to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function efficiently and effectively thus, imparting goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved . Here, the police being still governed under the 1861 act have not been given the required powers through which they can achieve the purpose of policing. The crux of the police reform is to secure professional independence for the police to unction truly and efficiently as an impartial agent of the law of the land and at the same time, to enable the government to oversee the police performance to ensure its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless; so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and secure environment for its citizens. Coupled with undue political interference police functioning is plagued by the lack of policy directions and absence of any formal performance evaluation framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the quality of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve. Aristotle also states that â€Å"at his best man is the noblest of all animals, separated from law and justice he is the worst†. 7 Even after 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the directions to professionalize the police force, to prevent arbitrary transfer of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the authority of the police leadership and consequently the discipline of the force. Aristotle’s way of reasoning from the purpose of a good to the proper allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to determine the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution of good that Aristotle talks about, in my case is equivalent to the distribution of powers in a democratic society. If we look into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they should be given proper powers in order to achieve the telos. Aristotle had said, â€Å"It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it upholds the rule of law, which is the fundamental feature of a t rue democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social consciousness and a mirror of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility†. For Aristotle, justice means giving people what they deserve, giving each person his or her due. It involves two factors: â€Å"things, and the persons to whom things are assigned†. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a buffer body between the police and the politicians, which will accord functional autonomy to the police even as they are supervised by the political executive. As a result the relationship between the police and politician will loose its present character of unfettered discretion and illegitimate interference. The non-seriousness in the approach of the state governments in abiding with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is reluctant to let go off his control over the police and law enforcement agencies. The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once again underscored the complete lack of the faith of the common man in the law and order machinery. It is yet another reminder that more than anything else a multi cultural and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without fear or favour. It is absence of such a vital mechanism that is at the heart of the unchecked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today. The police force is highly politicised and corrupt and more than anything else, it is the absence of strict enforcement of law and swift justice that is at the heart of the breakdown that we face today. Aristotle’s concept of a good civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civic virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police force. Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis: Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandel’s Theory of Justice ? Morris, T. , (1998), If Aristotle ran General Motors: the new soul of business. New York: Henry Holt and Company, LLC. ? Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin 9 How to cite An Analysis of Police Reforms, Essay examples An Analysis of Police Reforms Free Essays string(50) " of rule of law as well as political credibility\." 1 COMPARATIVE JURISPRUDENCE PROJECT TOPIC:An analysis of police reforms, in light of Aristotle’s theory of justice SUBMITTED TO: PROF. AMITA DHANDA SUBMITTED BY: DEEPINDER BAL ROLL NO. – 11 LL. We will write a custom essay sample on An Analysis of Police Reforms or any similar topic only for you Order Now M I YEAR EMAIL- deepinder. bal@nalsar. ac. in 1 Abstract In 1996, two former Director Generals of Police requested the Supreme Court to direct the central and the state governments to adopt a set of measures to address the most glaring gaps and bad practices in the functioning of the police. 2 Given the gravity of the problem and the total uncertainty as to when police reforms would be introduced, the Supreme Court, on 22nd September, 2006, delivered a historic judgment where it considered that it could not further wait for governments to take suitable steps for police reforms and issued 7 directives for immediate compliance which were binding upon central and state governments, until they frame appropriate legislations. The researcher would like to relate the topic with Aristotle’s theory. Aristotle’s vision of a good civil society and the teleological theory can be related to the purpose of introduction of the police reforms viz. the judgment and the purpose of the implementation of the judgment. 2 Topic- An analysis of police reforms (In light of the judgment, Prakash Singh others v. Union of India and others on 22, Sept, 2006) 3 The Government of India appointed a National Police Commission in 1977 to examine the role and performance of the Indian police as a law-enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution. The Commission submitted 8 reports in a span of 2 years, wherein it made various recommendations so as to redefine the role, duties, powers and responsibilities of the police. With the 8th report, it drafted a new Police Act incorporating certain essential recommendations, which were never implemented. In 1996, a petition was filed by 2 former Director Generals of Police, praying for the issue of directions to the Government of India to frame a new Police Act drafted by the Commission to ensure that the police is made accountable essentially and primarily to the law of the land and the people. As a part of my project research, I would like to examine the need of police reforms in India, the implications and implementation of the 2006 judgment of the Supreme Court (in response to the petition of 1996), in relation to the Aristotle’s theory of justice and his concept of a good civil society. India has established a vibrant democracy, where good governance and administration of justice to the citizens are essential attributes. The primary institution on which the state relies for the maintenance of law and order is the police. Policing is an essential public service and it is the duty of every state to provide its people with the best police service possible. The society perceives police to be the custodians of law and order who provide safety and security to all. Thus police personnel have a vital role in a parliamentary democracy like India. The Police as an organized institution came into existence in India with the Police Act of 1861, which was the advent of the British. The police act was designed on the British model of colonial control, which was meant for its subjects and not for the free citizens of a democracy. Independence has changed the political system in India, but the police system is still governed by The Police Act of 1861. It is shocking to believe that, till now, no government, central or state, has taken the initiative to replace the Police Act of 1861 with new legislation, which would be in tune with requirements of democratic policing. Aristotle in his theory states that the purpose of any organization is to from good citizens and to cultivate good character. We must recognize that the police is one of the most vital social institutions needed to construct a democratic society in which human rights and freedoms are respected and protected. He also stated that â€Å"the end and purpose of a polis is the good life, and the institutions of social life are means to that end†. 1 1 Who deserves what? , Michael sandel’s theory of justice. 3 A political community exists to promote a good life and this aim cannot be achieved without the support of an efficient social organization. So, the police service is a significant part of the socialization body and it seeks to enhance the democracy and the civility within the society. 4 The aim of the police force is to promote the welfare of society for which they must be equipped with the professional knowledge and the necessary powers for creating a social just environment for the citizens. Aristotle believes that it is possible to reason the purpose of social institutions. He reasons that the essential nature of the social institutions is not fixed once and for all. Policing is a dynamic process. It needs to be constantly reinvented in order to be effective. Civil society advocates for a variety of policy changes, new legislations all aimed towards public good. Law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. For Aristotle, the primary purpose of law is to cultivate the habits that lead to good character. â€Å"Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their ark, and it is in this that a good Constitution differs from a bad one†. 2 Presently, the police organisation is marked by aback of democratic functioning and adequate police direction. Police priorities are defined by, and changed according to, the will of the political executive. The manner is which political control has been exercised in India has led to gross abuses, resulting in the erosion of rule of law as well as political credibility. You read "An Analysis of Police Reforms" in category "Papers" At present the laws governing the relationship between police and the political executive are not clear enough to prevent the blurring of boundaries. Over the course of time this lack of clarity has permitted all kinds of illegitimate interferences to seep into the police functioning and is one of the seminal causes for poor overall management of the police and the difficulty of fixing responsibility so as to achieve effective, unbiased and accountable performance. In a democracy, the police have to function as any other public service, which renders services to the community and not as â€Å"force†. Aristotle has also made a distinction between â€Å"rule of law† and â€Å"rule of force†. The rule of law is a democratic rule for the benefit of the entire population (all citizens, the public or the nation as such), whereas the rule of force is an authoritarian, perverted and corrupted form of rule for the advantage of the ruler. 3 In relation to the above context, the Prime Minister, Dr. Manmohan Singh has observed, â€Å"Today, police forces have to serve the interests of the people, not rulers. In a democratic framework as we are in today, there is need to have in the police forces a managerial philosophy, a value system and an ethos in tune with the times. I had 2 3 Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002. Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin. 4 5 emphasized the need to ensure that the police forces at all levels change from a feudal force to a democratic service. The spirit of public service, of respect for the rights of individuals, of being just and humane in ones action must permeate the entire police force†. 4 The Supreme Court too, reiterated the need of enforcing the rule of law in the police system with its verdict of the 2006 judgment5. The Court ordered that police reform must take place. The states and union territories were directed to comply with seven binding directives viz. to Constitute a State Security Commission, selection and minimum tenure of DGP, minimum tenure of IG of police and other officers, separation of Investigation, Constituting a Police Establishment Board, to constitute a Police Complaints Authority and to set up a National Security Commission, that would kick start reform. These directives pulled together the various strands of improvement generated since 1979. The Court required immediate implementation of its orders either through executive orders or new police legislation. According to me, the judgment of the Supreme Court though came after a decade of the filing of petition; it served the dire necessity of the implementation of police reforms, which was never initiated by any of the state or the central government so far. According to Aristotelian’s theory of justice, every social practice or an institution is established for some purpose, end or aim. The aim of the police force as a social institution is to maintain law and order in a democratic society. If this purpose is not being achieved, the need for police reforms in keeping with the requirements of a modern, democratic state is self-evident. Aristotle has described his theory of justice as: Justice is teleological- defining rights requires us to figure out the telos (the purpose, end, or essential nature) of the social practice in question. Justice is honorific- to reason about the telos of a practice- or to argue about it- is, at least in part, to reason or argue about what virtues it should honor and reward. 6 In any country, administration of justice is one of the primary functions, which it seeks to promote. One of the ways through which this purpose could be achieved is to have a policing system, which is equipped with such adequate powers. Aristotle in his theory while discussing the concept of justice with regard to telos and honouring of virtues, stresses that you honour only those persons who help in achieving your purpose. 4 Prime Minister’s address to the Annual conference of DGPs / IGPs of States and UTs; October 6, 2005; New Delhi; retrieved from http://pmindia. nic. in/speech/content. asp? id=207 5 Prakash Singh and others v. Union of India and others, Writ Petition (civil) 310 of 1996. 6 Supra, note 1. As according to Aristotle only virtuous people are honored, to imbibe that virtue in the police force, it is necessary that they should have such powers where they can function efficiently and effectively thus, imparting goodness in the society. 6 Aristotle says that essential nature is attributed to the social institutions so that the purpose or the telos can be achieved . Here, the police being still governed under the 1861 act have not been given the required powers through which they can achieve the purpose of policing. The crux of the police reform is to secure professional independence for the police to unction truly and efficiently as an impartial agent of the law of the land and at the same time, to enable the government to oversee the police performance to ensure its conformity to law. The need of law enforcement is to maintain peace, enforce the laws of the land, protect the people from criminals, and to help ensure the safety of the citizens. The corruption in political system and political leaders has made the Indian police toothless; so far doing their duties is concerned. If the police have no powers, it cannot function to provide a safe and secure environment for its citizens. Coupled with undue political interference police functioning is plagued by the lack of policy directions and absence of any formal performance evaluation framework. The most glaring examples of illegitimate political interference affecting police work is evident in cases of communal riots and other disturbances. Public order is a critical necessity for progress. An unruly society would be a recipe for economic disaster. With the implementation of the police reforms the quality of life of the citizen, which is in great measure dependent upon the maintenance of public and police order will improve. Aristotle also states that â€Å"at his best man is the noblest of all animals, separated from law and justice he is the worst†. 7 Even after 6 years of the judgment have elapsed, no effective steps have been taken by a majority of states to incorporate the directives issued by the Supreme Court. None of the directions to professionalize the police force, to prevent arbitrary transfer of officers and introduction of transparency in the system have been implemented. The criminalization of Indian politics has eroded the authority of the police leadership and consequently the discipline of the force. Aristotle’s way of reasoning from the purpose of a good to the proper allocation of the good is an instance of teleological reasoning. Aristotle claims that in order to determine the just distribution of a good, we have to inquire into the telos, or purpose, of the good being distributed. The distribution of good that Aristotle talks about, in my case is equivalent to the distribution of powers in a democratic society. If we look into the purpose of power being distributed it should be in the hands of those who would best utilise the power and help in the achievement of a purpose, which is the administration of justice. And 7 Supra, note 3. 7 since police is a medium achieving the justice, they should be given proper powers in order to achieve the telos. Aristotle had said, â€Å"It is in justice that ordering of society is centered. The justice system in many ways is the bedrock of a democratic society since it upholds the rule of law, which is the fundamental feature of a t rue democracy. Our laws have to be sensitive to the changes in social structure and social philosophy, a reflection of contemporary social consciousness and a mirror of our values as a civilization. Thus, non-accessibility of justice results in the erosion of rule of law as well as police credibility†. For Aristotle, justice means giving people what they deserve, giving each person his or her due. It involves two factors: â€Å"things, and the persons to whom things are assigned†. 9 As far as the implementation of the judgment is concerned, the court stressed the need for a buffer body between the police and the politicians, which will accord functional autonomy to the police even as they are supervised by the political executive. As a result the relationship between the police and politician will loose its present character of unfettered discretion and illegitimate interference. The non-seriousness in the approach of the state governments in abiding with the directives issued by the Supreme Court, destroy the very basis of a judicial mechanism. The purpose of the judgment was to provide a professional and a wellequipped police system, which can efficiently manage the democratic society. The lack of political will in implementing this reform is symptomatic of a larger malice in the system, whereby the politician is reluctant to let go off his control over the police and law enforcement agencies. The alacrity with which thousands of northeast Indians fled Maharashtra and Karnataka recently has once again underscored the complete lack of the faith of the common man in the law and order machinery. It is yet another reminder that more than anything else a multi cultural and multi ethnic society like India needs an a political, professional police force and an efficient judicial system that will serve the rule of law without fear or favour. It is absence of such a vital mechanism that is at the heart of the unchecked crimes, poor conviction rate and the general lack of faith in the law and order system that we see in India today. The police force is highly politicised and corrupt and more than anything else, it is the absence of strict enforcement of law and swift justice that is at the heart of the breakdown that we face today. Aristotle’s concept of a good civil society where he talks about the law of the polis inculcating good habits and thus forming a good character sets us on the way to civic virtue. This virtue can be achieved with the implementation of the police reforms in the society. 8 9 Supra, note 3. Supra, note 1. 7 8 The quality of the justice system in the country, to a larger extent depends upon the working of a police force. Thus, having regard to larger public interest, it is absolutely necessary to issue the requisite directions. 8 Bibliography 9 ? Aristotle, Nicomachean ethics. Indianapolis: Bobbs-Merrill, 1962 ? Who deserves what? , from Michael Sandel’s Theory of Justice ? Morris, T. , (1998), If Aristotle ran General Motors: the new soul of business. New York: Henry Holt and Company, LLC. ? Richard Kraut, Aristotle: political philosophy, Oxford University press, 2002 ? Aristotle (384-322 BC): The Polis. Hammondsworth, 1991, Penguin 9 How to cite An Analysis of Police Reforms, Papers

Identify legal Problesms

Question: Discuss about theIdentify legal Problesms. Answer: Case analysis In Supreme Court of Victoria, Common Law Division Melbourne Her Honourable Justice Julie Anne Doods-Streeton. Honourable Justice is a title used to address judges of Higher or Superior courts. Medium neutral citation is considerably unofficial law report citation that is legally regarded as an internet based reference. Medium Neutral Citation: [2006]; VSC 42 is the case that should be cited. As stated in 129 of this case it can be deduced, that a unilateral contract is defined as "a contract constituted by an offer of a promise for an act" pursuant todefinition in Australian Woollen Mills Proprietary Ltd v The Commonwealth[1954] HCA 20;(1954) 92 CLR 424 at 456 in contrast to the usual exchange of promises. To this effect the relevant act herein constitutes both the performance and the acceptance of the offer and no separate notice of acceptance is required. It can be said that it was in Carlill v Carbolic Smoke Ball Company, (1892) that the definition of unilateral contract was first established The defendants herein made an advertisement for their product (i.e. pharmaceutical smoke ball) t in a newspaper. In the advert it was stated that a 100L reward was to be paid by the Company to any person who contracted an epidemic influenza cold or any related disease caused by the cold from using the ball for the said two weeks, three times daily, as to the printed directions supplied with each ball. Additionally, the advert claimed that the said 1000L was to be deposited with the Alliance Bank, Regent Street as a claim that the company was sincere in the advert. On seeing this advert Mrs. Carlill (herein the plaintiff) purchased one of the said "smoke" balls and used it as per the direction in the advert. Subsequently, she caught the flu and put a claim with the company for a reward for which the company refused to pay. On learning this, Mrs. Carlill sued the company for the reward. At trial the presiding judge, Justice Hawkins, held that Mrs. Carlill was entitled to recover the reward. Essentially the definition of unilateral contract emerged and was contested in CEarlill v Carbolic Smoke Ball Company at the Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1. Justice Julie Doods-Streeton found that the testimony of Janssen, herein the plaintiffs witness, were inconsistent, imprecise, and as lacking details. Consequently, she considered it unreliable. In her verdict she established that Mr. Blancatos accounts, herein the defendants witness, were consistent, direct and credible. In her opinion she preferred Mr. Blancato evidence. This significantly informed was that her judgement which was the final outcome of this case was by the two accounts of evidence. In its decision the court dismissed the plaintiff's claim sighting insufficient evidence for a course of conviction against the defendant for any breach of the said unilateral contract in question. The court upheld the decision of the trial Judge Doods-Streeton J. In her opinion, evidence presented established that the plaintiff failed to establish the existence of a unilateral contract constituted by the defendants offer made at the conference in February 1998 and accepted by the plaintiffs procurement of its customers entry into rental agreements with CFA. It follows that the plaintiffs claim should be dismissed. In the proceeding, the plaintiff claimed that the defendant, Canon Finance Australia ("CFA"), breached an agreement made between the parties in early 1998. In Par. 157 of the Mildura Office Equipment v CF Australia Ltd, it is argued that the statement of the witness' accounts of the plaintiff was not sufficiently detailed and comprehensive to achieve the requisite level of certainty in relation to essential matters and contingencies regarding the case. It was thus argued that the said evidence was not sufficient to constitute "a legally enforceable offer of a promise even where language of unequivocal commitment is employed. Medium Neutral Citation: (2007) VSCA 112, Mildura Office Equipmentand Supplies Pty Ltd v Canon Finance Australia Ltd [2007] VSCA 112 (1 June 2007) The appeal was dismissed on the ground of unanimous agreement of a three judge bench in a concurrence with the judgement of the trial judge DOODS Streeton J. In a three judge bench, Judge Keller JA, who presumably the presiding judge having handed down the main the judgement, dismissed the appeal of claim for breach of contract brought by the appellant against the respondent, Canon Finance Australia Limited (CFA), on the basis that the appellant had failed to prove the existence of any such contract. In my opinion the case was fairly dealt with based on evidence presented by the counsel of the parties herein. Convincingly, with all legal prudence the appellate court could not agree more with the trial judge. The outcome of the appeal confirmed that the trial judge did not err in the case and that she fairly dealt with it pursuant to the evidence and witnesses' account presented. In the view of the appellate court, the trial court correctly rejected the contention that a contract was concluded when the appellant procured one or an unspecified number of rental agreements between its customers and the respondent. From the excerpt in the appellate courts decision the appellant failed to understand that the contract in question became bilateral right after at the acceptance of the offer by the respondent. It meant a lot of weight when the presiding judges at the appellate court, Buchanan, Ashley JJA, and Kellam AJA, unanimously concurred with the view of the trial judge basing on facts and evidence presented at the trial and appellate courts. Argument for and Against Adversary System Adversary system is a process where arties to a conflict or a controversy design and make heard their arguments find and present evidence, wherein witnesses are called and questioned witnesses in conformity to laid down rules. This process in most is presided over by a judge or a jury who acts as a fact-finder. Thus is required to remain impartial and very neutral. The adversary system model of regulation is mimicry of traditional courtroom procedures. . On the other hand, Alternative dispute resolution (ADR) refers to the resolving a conflict without necessarily having to go to court. In most cases this is a process that is tailored to promote harmony and good relations among parties and ensuring that the social ties are not broken. While the two sides of the legal controversy got postulations and support, one fact that must be accepted is the benefit or demerit that comes with each of them. The adversary system has been criticized as being a system that involves cumbersome, costy, and conflict marred procedure. Critics of this system call for to advocates to embrace and adopt non-adversary methods in addressing issues of disputes between conflicting parties. Surrounding this legal controversy is a contestation and ranging disparage of the legal system. Adversary system has been criticized from all angles, both academically and in practice. This adversarial system has had ardent critics just as much as staunch since time immemorial. Opponents of this system raise fundamental questions: Is what is called justice system preoccupied with finding truth or resolving disputes? How possible is it for poor people to have the same access to legal representations as rich people? How can a system that is vulnerable to manipulation, artifice and pure guile ensure justice In the lead-line of the opponents of this system was the late Warren E. Burger, the ex-President of the US judiciary, who voraciously lambasted system as overzealous. Warren notably asserted that out of too much zeal, lawyers file so many artifice lawsuits and motions within the system that discourage out of settlements. Opponents of adversary system argue that a system in conflict itself can solve problems that exist between parties. While it is referred to as a system, the question is whether it is really one. The numerous appellate cases and throwing of cases for lack of sufficient evidence further casts more doubt on the said 'system'. Proponents of the adversary system, however, are at arms to defend criticisms pointed at the system. In rebuttal, they agree on the need for conflicting parties to take charge of the process of resolution. They claim that, however much lawyers may be credulous to corruption, like any other outfit, they got a code of ethics that is governing them and which, that when executed can deal with cases of demeanors very efficiently. Proponents of adversary system concede that although laws of evidence may be susceptible to exploitation they are the only way through which fairness can be achieved and beguile of the judiciary can prevented. Opponents of adversary system argue that is its sedate and unwieldy nature. Proponents of adversary system, however, argue that some of the studies done show that substantial delays in resolution are faced by litigants even in courts where settlements were actively encouraged and adversary trials discouraged. They maintain that despite its cumbersome nature, its methodical approach is necessary to protect people from exploitation or violation. There is a feeling that lawyers are hired guns whose can violate in and everything just to make legal representation to outlay truth. Others claim that advocates can file artifice lawsuits just to try and make cash and in order to dominate in the adversary process. Opponents of this system argue that the same laws of evidence work against fairness it claims to guarantee by barring presentation of information that would be useful to the fact-finder. Proponents of ADR argue that adversary system is inaccessible to many. They argue that an poor people accused of crime(s) can never have legal representation as the rich and that it would be unrealistic to say that parties in a civil suit involving corporations like Samsung or Apple, an injured party (plaintiff) would have an equal plea power. Conversely, those who are pro-adversary system assert that it is not the law but socioeconomic conditions that beget the disparity in access to legal representation . They equally assert a change to delivery of legal services would do no much in addressing the existing grounded disparity. They also argue that neither members of population who have no access nor afforded egal representation are accorded a place through the existing contingency fee arrangement paid to attorney for representation that is highly criticized. Most legal experts consensually agree that the benefits of adversary system brings with it outweighs its inherent drawbacks. On the edge of the existing controversy is that it brings forth a system that shield people against abuse. Although it can be manipulated to serve the interest of those who least deserve, it must also be accepted that as a merit adversary system would offer every the less fortunate a platform for hope and shield against the powerful. Although many do accept that adversarial system may be faulty due to the fact that it, they still believe modern adversary must not be blindly discredited for the few benefits it may bring forth. It is a pure reflection of the ideal of assurance that everyone is entitled to be represented and be heard before an impartial, fair, independent and free court. Adversary system is arguably the most precise conduit to unravel facts and information that judges or juries may need to resolve conflicts amicably and efficiently as litigants each develop and to present their own proofs and arguments. There's nothing binding between Bastian and Penny. The element of acceptance and counteroffer are missing. For a contract to be legally binding the two parties in question ought to reach an agreement. To this effect when Bastian offered to pay Penny $60, Penny rejected the offer, making a counter-offer on the price, which was not accepted by Bastian who moves ahead to look around for a better deal. Presumably, this meant that Bastian did not accept the counter-offer nor was he willing to make a new counter-offer. As held in Hyde v Wrench (1840) Beav 334, a counteroffer cancels the existence of an initial offer thus making it void. The failure to make a counteroffer by the offeree means that no binding contract was entered into as Bastian chose to discontinue the effort to negotiate a contract. The oral contract in question would be binding only if Penny did not make a counter-claim. A minor person (herein Peter) lacks the legal capacity to enter into a contract. And as such is treated as incompetent. Therefore, the offeror here chose to enter into a contract with a minor (herein the offeree) tin full knowledge that such a contract was voidable and that the minor could negate or breach or revoke the said contract at any time. In this case specifically the service provider cannot sue Peters parents as they are not a party to the contract and may not be held liable if the Peter does not fulfil the contract terms. The only situation where the service provider can sue is when a parent or both parents of Peter did co-sign the contract thus liable and can be sued. In Mohori Bibee v Dharmadas Ghose it was ruled that a contract entered into by a minor is void contract that lacks legitimacy to be enforced from the beginning. Established, was that one not even the guardians or parents of a minor can be held liable or sued for breach of contract by the minor. Established was that the matter of age was known to the service provider. Refrences Supreme Court of Victoria. 2006. Mildura Office Equipment Supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 Febreuary 2006). Melbourne. Available at https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2006/42.html?stem=0synonyms=0query=title(Mildura%20Office%20Equipment Supreme Court of Victoria, Court of Appeal. 2007. Mildura Office Equipmentand Supplies Pty Ltd v Canon Finance Australia Ltd [2007] VSCA 112 (1 June 2007). Melbourne. Available at https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2007/112.html?stem=0synonyms=0query=title(Mildura%20Office%20Equipment William Markham. 2002. An Overview of Contract Law. Available at https://www.markhamlawfirm.com/law-articles/contract-lawyer-san-diego/ Peter D. Maynard . Alternative Dispute Resolution, with Emphasis on Arbitration and mediation. Available at, https://www.maynardlaw.com/Articles/alternative_dispute_resolution.htm Carlill v Carbolic Smoke Ball Co. Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1. Available at https://www.australiancontractlaw.com/cases/carlill.html "Essays: The State of the Adversary System 1993." 1993. Valparaiso University Law Review 27 (spring). Doyle, Stephen, and Roger Haydock. 1991. Without the Punches: Resolving Disputes Without Litigation. Minneapolis: Equilaw. Kagan, Robert A. 2001. Adversary Legalism: The American Way of Law. Cambridge, Mass.: Harvard Univ. Press. Lord Lindley et al. 1903. CalcuttaHighCourt. Mohori Bibee Vs. Dharmadas Ghose (1903) 39 I.A. 114; 30 Cal. High Court (England and Wales). 1840. Hyde v Wrench [1840] EWHC J90 (Ch) (8 December 1840).