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Gun Laws in the US

November 4th, 2015 Comments off

gun tumblrAll the gun laws that are passed in the United States of America are required to first of all regulate the process of sale, the possession time, as well as the exploitation of the guns and all related ammunition.

Each of the USA gun laws, including the laws passed in Washington, D.C., differs from one another considerably. What is more, the state laws are independent in their existence, which means some of them are more limited, while the others are broader in their nature than the federal ones. For example, some of the states set a range of the bans regarding the assault weapon. These bans are pretty similar to the one that has already expired – the ban of the federal assault weapons.

It’s worth noting that the laws of the US state level may vary greatly in their content, form as well as the number of restrictions. For instance, 44 united states have a special condition in the constitutions that goes parallel to the USA Constitution 2nd Amendment. The latter is known to keep under protection both – keeping and bearing the guns. However, there are several exceptions here. For instance, the following American states – Iowa, New Jersey, California, New York and Maryland – are the exception to the rule. Nevertheless, the New York statutory civil rights laws package includes a special condition that is virtually similar to the USA 2nd Amendment. In addition to that, the Supreme Court of the United States of America held in the landmark decision McDonald v. Chicago that the 2nd Amendment protections to both – keep and bear guns in the house, apply against the political subdivision and the governments of the state.

The owners of the guns are subject to the firearm laws in every separate state they belong to. Certain reciprocity between the American states occurs in some situations like the ones that are related to the concealed carry permits. They’re accepted one the state-by-state basis. Let’s say, the state Oregon government decides to recognize Idaho permit, but the fact is that Idaho doesn’t recognize the permit made within the state Oregon. In Florida, the local government issues a special license to carry firearms and concealed weapons, while the other states permit only the firearms concealed carry. Some of the American states don’t recognize the permits that come out of the state to carry the firearms. What is all comes down to is that it is highly crucial to be aware of all the states’ laws within the country when you make a decision to travel the USA with a gun in your pocket.

Very often, the firearms laws of the American states can be significantly less limiting than the ones of the federal firearms. Just make sure to pay attention to the details of the USA gun regulations since in every state they can be incredibly specific. Besides, most of the states don’t require individuals to report of the lost guns.

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Law and Order in London in the Late Nineteenth Century

March 29th, 2010 No comments

The biggest changes in London’s law and order set up took place in the nineteenth century, around the time of the Jack the Ripper murders. This essay is going to discuss the role of the police, how and why the police force changed, the reasons behind it, and what difference these changes made to society.

Law and order in Britain consisted of two police forces in 1800, the Bow Street Runners and the Thames River police force. The forces were under constant threat because of the rapidly growing population, and the lack of sufficient constables. In London in 1829 there were 450 constables and 4000 watchmen, compared to 1.5 million inhabitants of London. Watchmen and parish constables patrolled the streets of London, who kept an eye out for trouble, and prevented disturbances and robberies. They were probably quite effective, because they knew the local area and the local troublemakers well, but little is known about them. However, these officers could not deal with big disturbances, like riots. At this time, there were frequent Chartist uprisings in London, which the police were completely unable to control. The Industrial Revolution (1750-1850) also caused an increase in homicide, robbery, theft and burglary, which added to the demand for a more effective police force.
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How a Bill Becomes a Law

August 10th, 2009 No comments

America is known as the country of freedom, but if we had no established laws, Americans would not be as prosperous as we are today. The process of making laws, known as the legislative process, is governed by rules, laws and procedures. Although the legislative process is long and complex, all laws begin as simple ideas. When a member of Congress has an idea for a new law they present it as a bill, which is the most common type of legislation. The path of a bill, from the time it is just an idea to the time it arrives at the President’s desk for approval, is paved with many detours. A bill must be passed through both houses of congress, the House of Representatives or the Senate, in identical form, before it can be made a law. This is achieved through a step-by-step process that begins in either house.

When a bill originates in the House of Representatives the idea is presented to a representative. The Representative decides whether or not they want to sponsor the bill and introduce it to the rest of the house. If the Representative decides not to sponsor the bill, he sets it aside and does nothing, which is known as tabling the bill. Eventually the bill is forgotten about and dies. If they choose to sponsor it, they present the bill to the Chief Clerk of the House. The chief assigns the bill a number to keep track of it through this process. Then the bill is sent to the U.S. Government Printing Office to make copies and is returned to the house. The copies are dispersed to the rest of the Representatives and the bill goes through its first reading. The speaker then assigns a committee to further review the bill. The committee will put the bill through public hearings and work sessions where revisions and additions can be made. If there are additions made to the bill, it is reprinted and includes the new amendments. After it is reviewed the Committee Chair signs it. The revised bill goes through a second reading, and finally a third reading before the house can vote on it. The bill must receive the majority of the houses votes to be passed on to the other house. Read more…

Megan’s Law in Australia

July 24th, 2009 No comments

John Lewthwaite is a man who had been charged and convicted for the murder of five-year-old Nicole Hann in 1974. Lewthwaite, who was nineteen at the time, had fantasised about abducting and raping Nicole’s then nine-year-old brother. Young Nicole awoke one afternoon as Lewthwaite broke into her home. He stabbed her seventeen times. Lewthwaite was released back into the community after serving twenty-five years of his prison sentence. The community he took residence in was fearful and outraged; their main concern was for the safety of their children.

Good morning/afternoon Miss Wiggins and girls. Ours is an increasingly dangerous society with increases in both the malevolency and the rate of crime. Part of the problem lies in abuse of our advancing technology and media inducing increase in tolerance of popular-cultural interests such as violent movies, music, video games influencing today’s youths to commit crimes we have never imagined. This generation is in need of limits and boundaries, legal guidelines that enable individuals to achieve social cohesion. We are a generation that lives in constant fear. The rate of child sex crimes is on the rise. Parents of young children now live in fear that their child may also fall a victim to sexual crime. In 1993 to 1994, there were 4392 children who were believed to have been involved in substantiated cases of child sex abuse whereby substantiated means there is reasonable cause to believe that the child has been or is being abused. One Australian study in 1988 estimated that twenty-eight percent of girls and nine percent of boys had been involved in some form of sexual abuse in Australia. Child abuse includes crimes such as child sexual assault, child sexual victimisation, child exploitation, child sexual misuse, child molestation, child sexual maltreatment and child rape. All of which are criminal offences listed under the Criminal Code of Queensland. These crimes pose serious threat to our society. Not only are children amongst the most vulnerable of groups in the community, they are also the next generation of adults. Statistics show that in most cases, convicted paedophiles were found likely to have been victims of sex crimes as children. Therefore more must be done now to break this vicious cycle of immorality.

This afternoon, in light of time constraints I will be focusing on one particular area of law related to child sex crimes that is in need of reform; the treatment of “rehabilitated” or “paroled” child sex criminals in relation to Megan’s law in the US and whether or not such legislation is appropriate for the Australian society. Read more…

Family Law

April 15th, 2009 No comments

A de-facto relationship is a relationship in which two people are co-habiting without being legally married and must be heterosexual to be recognised by the courts. This type of relationship increased greatly from 1971 to 1082 as people were not economically and physically willing to enter into a marriage. In 1984, a statutory basis was given to de-facto relationships with the passing of the De Facto Relationships Act 1984 NSW. This act provided a legal definition of De Facto relationships, eligibility criteria and protection of individuals on the breakdown of such a relationship. The issues dealt with by the Act include property rights, maintenance, care of children and inheritance. Property rights include: Under common law, a person in a de facto relationship has no right to property unless it was in that person’s name. Maintenance: there was no legal obligation to pay spousal maintenance. Even if one of the partners did not have a job and was looking after a child full time. Up until 1984 this was the case. Under The property (relations) act 1984 either partner of a de facto relationship can initiate legal proceedings requestion periodic maintenance against the other partner on a restricted basis. The court will force payment to the claiming party if they cannot support themselves adequately because of full time child rearing and lack of independence due to the relationship. Care of children: issues regarding children are handled in the same way as the children from marriages. Since the Family Reform Act 1995, decisions concerning children from de facto relationships are administered through the family law court regardless of whether the children are from a previous marriage. Inheritance: spouse and children may not be entitled to property upon the partner’s death. Unlike marriage there is no formal start or end to a de facto relationship.

Davies Vs Sparkes 1990 confirmed the common law definition of a de facto relationship.
A de facto relationship must be at least two years in duration for the law to operate and govern the associated parties of a de facto relationship effectively.

Domestic violence within a de facto relationship is treated the same as it would be treated in any other form of relationship, in the sense that it still has the same physical, sexual, emotional, or psychological repercussions. The existence of the Family Law Act 1975 does not and cannot extend to de facto spouses (constitutional defect). Accordingly, the family law court has no power to issue injunctions to restrain domestic violence within a de facto relationship. Conversely, the legal remedies against domestic violence in New South Wales have been extended and improved by the Crimes (domestic violence) Amendment Act 1982. This act applies to both married persons and people in de facto relationships. Despite this act, people in de facto relationships still do not have the same protection against domestic violence as people in marriages. Legal action to prevent domestic violence can be taken by applying for an AVO/ADVO (Apprehended domestic/ violence order), pressing criminal assault charges or by applying for an injunction.
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