Essay on Racial Disparity in the Correctional Population

Racial Disparity in the Correctional Population Racial disparity in the correctional population refers to the difference in the number of minorities versus whites represented inside institutions. â€Å"The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system (quot;ACA Policies and,quot; 2004).† â€Å"Blacks comprise 13% of the national population, but 30% of people arrested, 41% of people in jail, and 49% of those in prison. Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).† This difference in proportionality does not necessarily†¦show more content†¦The â€Å"War on Drugs† established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. â€Å"B lacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).† The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest. This brings up the question; do blacks use drugs more than whites? Contrary to public belief, the higher arrest rates of black drug offenders do not reflect higher rates of drug law violations. Whites, actually, commit more drug crimes than blacks. â€Å"By 1988, with national anti-drug efforts in full force, blacks were arrested on drug charges at five times the rate of whites. Statistical as well as anecdotal evidence indicate drug possession and drug selling cut across all racial, socio-economic and geographic lines. But, because drug law enforcement resources have been concentrated in low-income, predominantly minority urban areas, drug offending whitesShow MoreRelatedRacial Discrimination And The Criminal Justice System1725 Words   |  7 PagesRacial discrimination is defines as racism that implicates the credence in racial differences, which acts as a justification for non-equal treatment of members of that race. Also, this paper will be focusing on the race industry within the criminal justice system in all level law enforcement, courts and court system. 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About Tjx Assignment Free Essays

1. List and describe the security controls in place within TJX Companies. Ans: When security upgrades are made available, it’s because they’re necessary, not because software developers have thought up some great new software gimmick. We will write a custom essay sample on About Tjx Assignment or any similar topic only for you Order Now Hackers are able to bypass the old systems too easily, so better security is needed to keep the hackers out. TJX ignored the need for better e-security, and even neglected to install one particular upgrade they had purchased. 2. What management, organization, and technology factors contributed to these weaknesses? Ans: Management: While one may not think of it as a weakness, the management’s reluctance to report the stolen laptop and the contents of the hard drive contributed to the difficulty in finding the laptop before the data was compromised. Organizations: VA operations should have limited the data accessible to the employees to only the data needed in order to effectively do this job. Lack of promoting the sensitivity of the data led to a careless attitude regarding the protection of the data. Technological: At a minimum the data should have been encrypted and password protected. As a practical measure, the laptop should have been protected at the BIOS level if that sensitivity of data was contained. 3. What was the business impact of TJX’s data loss on TJX, consumers, and banks? Ans: TJX faces consumer and bank class action lawsuits over the exposure of as many as 100m customer records as the result of a security breach that lasted for two distinct six-month periods between 2003 and December 2006. Hackers broke into a system that stored data on credit card, debit card, cheque, and return details in an attack blamed on a poorly secured wireless network in one of its stores. Subsequent credit card frauds have been traced to data swiped as a result of these breaches, and a number of arrests have been made. 4. How effectively did TJX deal with these problems? Ans: Not well enough. The $40. 9 million fund for the banks won’t nearly cover he banks’ losses, and I see too little info in the report about what exactly TJX is doing to prevent this from happening again. I see money being thrown at the problem, but management doesn’t seem to have a clear picture of a real solution. 5. Who should be held liable for the losses caused by the use of fraudulent credit cards in this case? TJX? The banks issuing the credit cards? The consumers? Justify you answer. Ans: Obviously TJX is responsible – their negligent behavior that made them vulnerable to the attacks. The banks and consumers can’t be held responsible – especially the consumers! If consumers were held responsible for attacks like this, we’d do away with credit cards, keep our money under our mattresses, and go back to making our own clothes and food and entertaining ourselves by telling each other stories as people did centuries ago! Then where would the banks and credit card companies be? That’s probably extreme, but so is expecting a shopper to pay for a huge corporation’s negligence and a hacker’s crime. How to cite About Tjx Assignment, Papers

Critical Analysis of the VLAD Act and its Problematic

Question: Critical analysis of the VLAD and its problematic when judged against the principles of the rule of law. Answer: Definition of Vicious Lawless Associate Pursuant to section 5 of the Vicious Lawless Association Disestablishment Act 2013, there are three conditions that must be met to classify a person (Allan) as a vicious lawless associate. An individual will be deemed a vicious lawless associate if the following three conditions are fulfilled. The first condition is that the person in question (Allan) must have committed a declared offense. The appropriate offense as outlined in Schedule 1 of the VLAD Act. The highlighted offense comprise serious offences such as murder and many sexual offences. They also incorporate offences of affray including participating in a fight in public. This is a misdemeanor that attracts a maximum penalty of one-year imprisonment. Another offence is dangerous operation of a motor vehicle including being a recipient of a tainted property as well as processing dangerous drugs.[1] Relating these offences to Allans case, it is evident that harvesting cannabis amounts to taking part in the production of a dangerous drug. The second condition that must be satisfied is that a person must have been a participant in the affairs of the relevant association at the time of committing the offence. As reflected in the case of Kuczborski v Queensland [2014] HCA 46, a relevant association is not a criminal bikie organization. A relevant association describes any corporation, unincorporated association, league or club, or group of three or more individuals. The relevant associations definition does not entail any requirement of a corporation, three friends, group or club be involved in illegal activity. Relating this condition to Allans case, Amanda, Craig and Jonathon friends (group of three friends) and subsequently this gro up becomes a relevant association. Accordingly, it is apparent that despite Allan not being a member of the group, he was a participant in the affairs of a relevant association.[2] The third condition that must be met is that the offence must be committed in the course of participating in the dealings of the relevant association. In this case, Allan committed the offense in the course of assisting the three friends (Craig, Amanda and Jonathon) to produce a dangerous drug. Allan has admitted to have knowingly assisted the three friends to harvest their extensive cannabis crop (a dangerous drug). Where these conditions are met, an individual will be deemed to be vicious lawless associate unless he can prove that involvement in a given offence is not one of the purposes of the relevant association. Explain the application of relevant principles of statutory interpretation There are three key rules of statutory interpretation which are also been used in other common law jurisdictions. These include the literal rule, the golden rule as well as the mischief rule. In the case of Allan, the most relevant principle of the statutory interpretation will be the mischief rule.[3] There is a need to determine the intentions of the legislatures when the VLAD law was being drafted. The determination of the defect of the mischief which the underlying statute has established to remedy alongside the determination of what particular ruling would efficiently implement the remedy will help defend Allan. As reflected in Heydons Case (1854), a true and sure interpretation of the statute results, where the following are discerned and considered effectively.[4] There must be a determination of what the common law was prior to drafting VLAD Act. The mischief and defect for which the common law failed to address should also be considered. The remedy that the Legislature has resolved and appointed to cure and the true rationale for the remedy will also help Allan builds a strong defense team. By focusing on the determination of the real intention of the VALD Act, it will make the judges to easily provide an effect to the legislative purpose of underlying statute.[5] Other relevant principles applicable to Allans case is to subject the VLAD Act such as interpretations that ensure it does not interfere with the already vested legal rights (in this case association), as well as ensuring that the Act does not oust the jurisdiction of the courts (unnecessarily giving the police commission a discretion to introduce a mandatory 25 years on tops of sentence). Finally, it would be appropriate to determine whether VLAD Act detracts from constitutional law or international law and that it does not operate retrospectively with respect to substantive as oppose to procedural law. Discuss the operation of any potential defense Alan might have under the VLAD Act Allan can focus his defense on the relevant association linked to the group of three friends; Amanda, Craig and Jonathon. First Allan was not a member of this association even though he participated in harvesting cannabis. He can argue that his participation was influenced by his desire to achieve his mentorship since he feared he could lose ties with his mentor yet he was promised he would be a successful lawyer. Allan can also argue that he did not know anything about the surveillance of the three friends and that he never knew what goal the harvested cannabis was to meet. Critical analysis of the VLAD and its problematic when judged against the principles of the rule of law The focus of the VLAD laws is on the vicious lawless associate which describes people convicted under the act. However, this makes a mockery of the well-laid principle of the proportionality in sentencing. The definition of the criminal associations, participants as well as office bearers remains too broad as per VLADs laws.The Act, therefore, stimulates the punishment of minor crimes that can lead to a person receiving 25 years for a small-scale drug possession. VLAD laws is used to impose excessive mandatory sentences to accomplish the political objective of the legislature of being tough on crimes. Nevertheless, it is incompatible with the operations of the rule of law in Australia.[7] VLAD law provides for association as the premise for an additional penalty on top of the head sentence. In this case, VLAD Act will trigger sentences of imprisonment that are manifestly extreme. The extreme punishments which does not commensurate with the crime will inevitably decline the confidence of the public in the legal system to deliver justice. The operation of the Act should remain within the context of the politics in which it was enacted. At its inception, VLAD Act, the Newman government meant that the judges needed to utilize the laws in compliance with the policy objectives of the legislature. The Act is also ineffective since it gives the police commissioner the unnecessary discretion to add a compulsory 25 years to jail sentences for the crimes committed in aid of criminal gangs. In this context, the VLAD Act tends to eliminate the independence of the judges. Even though organized crime remains undisputed issues in Queensland, VLAD Act remains an inappropriate interven tion. Bibliography Article/Books Geddis, Andrew, and Bridget Fenton. "Which Is to Be Master-Rights-Friendly Statutory Interpretation in New Zealand and the United Kingdom." Ariz. J. Int'l Comp. L. 25 (2008): 733. Graham, Randal N. "A unified theory of statutory interpretation." Statute Law Review 23, no. 2 (2002): 91-134. Healy, Michael P. "Legislative Intent and Statutory Interpretation in England and the United States: An Assessment of the Impact of Pepper v. Hart." Stan. J. Int'l L. 35 (1999): 231. Phillimore, John George. The History and Principles of the Law of Evidence: As Illustrating Our Social Progress. William Benning Company, 1850. Trotter, Andrew, and Harry Hobbs. "The great leap backward: criminal law reform with the Hon Jarrod Bleijie." (2014). Legislation Vicious Lawless Association Disestablishment (VLAD) Act (Queensland). 2013. Cases Heydons Case; [1584]) 3 Co Rep 7a, [1584] EWHC Exch J36, 76 ER 637, Pasch 26 Eliz, 20 Eliz Rot 140 [1] Trotter, Andrew, and Harry Hobbs. ("The great leap backward: criminal law reform with the Hon Jarrod Bleijie." (2014).pp.50 [2] Healy, Michael P. ("Legislative Intent and Statutory Interpretation in England and the United States: An Assessment of the Impact of Pepper v. Hart." Stan. J. Int'l L. 35 (1999): 231).pp.80 [3] Geddis, Andrew, and Bridget Fenton. ("Which Is to Be Master-Rights-Friendly Statutory Interpretation in New Zealand and the United Kingdom." Ariz. J. Int'l Comp. L. 25 (2008): 733).pp.54 [4] (Heydons Case; [1584]) 3 Co Rep 7a, [1584] EWHC Exch J36, 76 ER 637, Pasch 26 Eliz, 20 Eliz Rot 140).pp.39 [5] Graham, Randal N. ("A unified theory of statutory interpretation." Statute Law Review 23, no. 2 (2002): 91-134).pp.38 [6] Phillimore, John George. (The History and Principles of the Law of Evidence: As Illustrating Our Social Progress. William Benning Company, 1850).pp.40 [7] (Vicious Lawless Association Disestablishment (VLAD) Act (Queensland). 2013).pp.30.