Sociology Of Corrections Essays - Criminal Law, Penology

Sociology Of Corrections Typically, there are four justifications for punishment that are still used today in the United States: Retribution, deterrence, incapication, and rehabilitation. There are many ways of reaching these justifications besides prison today, which are made to help the current problems in the criminal justice system. There are many different views about the effectiveness of these justifications, and with all of the problems in the criminal justice system many questions are left unanswered today, such as...... How well do the realities of the correctional enterprise concur with these justifications of punishment ? Reality in this aspect generally means the rate of recidivism for a given offender. According to Marquart and Sorensen, It may be possible to manipulate certain gross features of the existing, conceptional prison system- such as length of sentence and degree of security- in order to affect these recidivism rates. (Correctional Contexts, Roxbury Publishing company, 1997, pg. 299 ) The recidivism rates for any given offender depend upon a lot of variables, one of which being, time of sentence. One harsh reality of the correctional enterprise is that the majority of the correctional institutions in the United States today are over crowded. A 1992 survey said that, there are 3,500 county jails in the United States today, and there are 400,000 inmates inhabiting them. ( Class discussion, September 20 ) This makes time of sentence difficult to be fair about when there is no room to house an offender, even if he does deserve it. In light of what we know about corrections, how successful are we in achieving these goals? Which should society use retribution, deterrence, incapacitation, or rehabilitation? Justifications for specific sanctions overlap considerably. A term of imprisonment may be philosophically justified by its primary goal of retribution but also serve the secondary functions of deterrence and incapacitation. ( American Corrections, West/Wadsworth, 2000, pg. 6 1 ) Judges try and impliment sentences for these three justifications as often as possible when it fits the crime, however rehabilitation according to Clear and Cole conflict with the other three justifications. ...Rehabilitation clearly conflicts with the other goals. For example, the deterrent power of incarceration depends primarily on being unpleasant. If incarceration consists mainly of a pleasant rehabilitative experience, its deterrent power is lost. ( American Corrections, West/Wadsworth, 2000, pg. 6 1 ) This obviously puts a lot more pressure on the correctional program, especially the judge and jury who are imposing the punishment. I would imagine that in most cases we are very successful in achieving retribution, deterrence, and incapacitation, however rehabilitation is used only if it deems itself to be absolutely necessary. Which in a lot of peoples opinions, rehabilitation should be the first thing on the agenda of the courts for each offender, however, that's not the case. How do current problems in corrections exacerbate the burden of justifying punishment ? The current problems in corrections completely intensify the burden of decision making when it comes to the criminal process. This is one of the main reasons that we have so many new approaches for punishment rather then using incarceration. Probation, restitution and fines, community service, substance abuse treatment, day reporting, house arrest and electronic monitoring, halfway house, and boot camp ( American Corrections, West/Wadsworth, 2000, pg. 6 2-63 ) all of theseforms of punishment are available to help the courts decide something else to do with offenders rather then imprisonment. Currently there are 4 million American's under some kind of correctional authority, and 1.8 million are incarcerated ( Class discussion, September 7 ) With the serious problem of correctional institutions being over crowded, it doesn't help the institution itself, as well as not helping the inmate. This is not including the amount of money that it costs just to keep one person incarcerated for a period of time. With all of this in mind, come all of these new punishments that help relieve some of the burden of decision making on the correctional world. Is imprisonment philosophically justified ? In my opinion, imprisonment is absolutely philosophically justified. When a given individual breaks the laws mandated by society, he/she needs to be punished. I personally believe in the middle eastern philosophy of an eye for an eye, and a tooth for a tooth.

Company Law The WritePass Journal

Company Law Abstract Company Law Abstract1.0. Introduction2.0. Civil Liability3.0. Criminal Liability4.0.Conclusion5.0. Bibliography5.1. Legislations5.2. Court casesRelated Abstract Companies and corporations exist as single entities with the capacity to sue and be sued. The premise of lawful ways under which a company may be sued for acts or omissions ensuing to injuries or demise of individuals lies in the personality of the company as a single entity. The law recognizes companies as solitary entities that have a detached personality from the individuals that comprise the company. This means that a company can transact as a solitary entity with the capacity to make claims against another company. Concomitantly, it is possible that the company becomes the subject of a legal suit falling under civil or criminal liability as deemed applicable. The determinants that establish whether to affix legal responsibility to the company for acts or omissions vary based on the legal jurisdiction pertinent to the circumstances. For instance, corporate law makes provisions for regulating the relationship of a company with that of its employees and other staff within the compa ny. This law does not apply to third parties that operate or affect the company externally. On the other hand, criminal and civil laws have jurisdiction over the affiliations of the company with external parties. 1.0. Introduction The process of holding a company legally responsible for acts or omissions resulting in injuries or death of individuals is a multifaceted tool. Since companies exist as solitary entities under law, responsibility falls on the company depending on the situation applicable. For situations that fall within the company, corporate laws have provisions for holding the company liable. In cases where external parties exist, then the jurisdiction shifts to civil and criminal laws. However, it is imperative to acknowledge that civil laws that cover aspects of tort, contracts and compensation apply to companies, as well as individuals’.[1] The provenance encompassing legal responsibility for corporations is rather challenging, as the legal provisions under this jurisdiction of law do not obligate contemplation of a liability. This is usually the case in negligence, which falls under tort laws because the evaluation of liability is objective on supporting legal responsibility of a compan y. On the contrary, criminal law entirely depends on appraisal of moral liability in support legal responsibility on the side of the company. Holding a company criminally liable is not easy because legal responsibility is not via reimbursement, but through penalties that look into intent, negligence and premeditation. This research shall discuss grounds on which a company can be sued for acts or omissions resulting in death or injuries based on provisions of laws such as the Corporate Manslaughter Act 2007, and Health and Safety at Work Act of 1974. Three principles provide for reasons to hold a company liable. One is the agency principle where the company must own up responsibility for acts or omissions of its employees or staff working as agents to the company, hence be sued for damages. The blame acknowledgment principle establishes that the company’s top executives assume responsibility for acts or omissions perpetrated by the company, implying that such executives whose decisions lead to acts or omissions that result in death or injuries can make the company be held liable. However, acts or omissions by junior staff in the company do not fall under this jurisdiction.[2] The third principle is the company culpability based on its way of transacting business, its systems, as well as culture. While the agency and the blame acknowledgement principles attach individuals to company liability, the company culpability based on its procedure and culture isolates individuals from the company. This implies that companies cannot be held liable for acts or omissions perpetrated by individuals, but rather the culture and procedure of the company. All these principles provide grounds for criminal and civil charge against companies. 2.0. Civil Liability Tort law attaches a civil liability to companies as long as it can be proven that the company perpetrated the act or omissions that resulted in serious injuries or death. A claimant could also file a criminal suit against the company based on the provisions of deliberate acts, negligence or omissions. Under civil laws, parties involved exist as private individuals, and the courts have the ultimate prerogative to determine whether the parties’ perpetrated injury or death based on evidence provided. The rights and obligation existing between the parties, in this case between the company and the plaintiff form the basis for a legal suit. Similarly, remedies for civil suits are damages that could be financial on non-financial, and the burden of proof depends on tangible evidence indicating that the act or omission was committed. Tort law attributes the legal responsibility of a company to acts or omissions that fall under civil wrong. Acts or omissions committed by the employee di rectly fall under the responsibility of the employer as discussed under the agency principle.[3] This means that vicarious liability shifts to the employer while personal liability rests on the shoulders of the employee. Under civil law, the claimant must provide proof that the defendant (the company) perpetrated the act or omission deliberately or negligently. The claimant must also provide proof that they suffered injuries or damage. For the claimant to attach a liability to the company the injury must be adjoining to the act or omission and the series of events must be continuous. In Rylands vs. Fletcher (1868), the contractor ignored vertical shafts in the course of construction of a dam.[4] As they later filled the dam with water, the shafts gave way to water that flooded a nearby mine. The court ruled that the corporation was legally responsible for damages caused due to negligence even if it was not intentional. As such, filing a civil suit against a company works best for claims on damages because they attribute direct liability to the company. 3.0. Criminal Liability Health and Safety at Work Act, the Corporate Manslaughter and the Corporate Homicide Act of 2007 provide avenues of filing a criminal suit against a company. These Acts have the same scope of jurisdiction for attributing a company to criminal liability and can be used simultaneously used. Section 37(1) of Health and Safety at Work Act has provisions that cover personal injuries at the work place.[5] The Act lays down measures requiring companies to incorporate policies and measures to avert personal damages or injuries at the work place. This Act does not make provisions for holding companies liable for deaths or personal injuries, but rather criminalizing acts or omissions that result in injuries and deaths. Section 37(2) of the Act prohibits companies from engaging in negligent and deliberate activities that may lead to personal injuries and deaths of its employees. This section attaches liability to the company’s management in cases where their decisions are connected to ac ts or omissions that result in death. However, the Corporate Manslaughter Act has stringent legislation on cases where a company’s activities lead to death due to gross negligence. As such, the Corporate Manslaughter Act provides exclusive provisions for attaching a criminal liability to companies for their acts or omission that result in death due to outright negligence. If the evidence presented before the court proves that negligence on the part of the company resulted in death, then the company can be held criminally liable for the act or omission that led to death. Section 1(1) of this Act reveals that the company is liable when the act or omission amounting to a criminal offence resulted in death.[6] However, there must be evidence of gross misconduct and violation of duty of care on the part of the company. In case of a successful claim in court by parties representing the deceased, which leads to the indictment of the company, Section 1(6) of the Act establishes a limitless fine as the punishment toward th e company. The duty of care for employees is the sole responsibility of the company. In situations where there is negligence of duty of care resulting in death, the plaintiff representing the deceased party can invoke sections of the Corporate Manslaughter Act to claim justice. Various cases have elucidated what duty of care means. Caparo Industries Plc vs. Dickman (1990) identified three elements that clarify what duty of care far as attaching a criminal liability to a company is concerned.[7] The elements include imposing reasonable duty of care on the plaintiff, foreseeing injury and establishing a close link between the plaintiff and the defendant. Determination of criminal intent (mens rea) also forms as a basis for holding a company criminally liable. The claimant must establish criminal intent as it was the case in Salomon vs. Salomon (1897) where the court had to identify the companys officers responsible for the acts or omissions that resulted in death.[8] However, it was quite a chall enge, which explains the reason why it is difficult to file a criminal suit against a company under the Corporate Manslaughter Act. 4.0.Conclusion Civil and criminal laws present suitable avenues for suing companies for acts or omissions that lead to injuries or death. Strict or vicarious liabilities apply in civil suits and could be direct in through the actions of the company’s agents or direct through the actions of the company regardless of culpability. Under criminal liability, Health and Safety at Work Act provides avenues for suing a company for negligence or failure to prevent personal injuries. The Corporate Manslaughter Act and the Corporate Homicide Act provide avenues for suing a company in situations where acts or omissions result in demise of an individual. 5.0. Bibliography Glazebook, P. R., A Better Way of Convicting Business of Avoidable Deaths and Injuries. The   Ã‚  Ã‚   Cambridge Law Journal, 16(2), (2002) pp 405-422. Barrett, B., Liability for safety offences: Is the law still fatally flawed? Industrial Law Journal,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   37(1), (2007) pp 100-118. 5.1. Legislations Corporate Manslaughter and Corporate Homicide Act 2007 Health and Safety at Work Act 1974 5.2. Court cases Salomon v. Salomon Co Ltd, AC., Law Review, 2, (1897), pp 22 Rylands v. Fletcher, Law ReviewL. 3, (1868), pp 330 Caparo Industries plc v. Dickman, Law Review AC, 2, (1990), pp 605

Definite Articles in Spanish

Definite Articles in Spanish A definite article, called an artà ­culo  definido  in Spanish, makes a noun refer to a particular item or items of its class. In English, the definite article  is the. In Spanish, there are five ways to say the. The four most common Spanish definite articles are  el, la, los and las in Spanish. A fifth, less frequently used definite article,  lo,  is sometimes appropriate. Definite articles are also sometimes referred to as definite determiners.  Spanish and English have different rules as to when a definite article is needed or can be omitted. In general, Spanish often uses a definite article in cases where English does not. For example, the English sentence, Mr. Brown is rich, does not have the definite article the. The same sentence translated into Spanish would be, El  seà ±or Brown es ​rico.  Ã¢â‚¬â€¹In Spanish, the definite article, el, is used. Agreement in Number and Gender In Spanish, number and gender make a difference. Is the word plural or singular? Are you referring to a male or female or masculine or feminine word? The Spanish definite article must agree with the gender and number of the noun that follows it.   Masculine Form of The The masculine form of the is el if referring to one item, the singular form of the word. For example, the cat is el gato. The masculine and plural form of the, if referring to more than one item, would be los libros, meaning, the books. Feminine Form of The To say the when referring to a singular item that is considered a feminine word, for example, the word door in Spanish is considered a feminine word, puerta. A  speaker would say, la puerta, for the door. To pluralize the word, when referring to more than one door, the proper form of the definite article is, las  puertas. Use of Lo to Mean The Lo  can be used as a neuter, meaning not gender specific, definite article before an adjective to make an abstract noun.  For example,  lo  importante, translates to mean, the important thing, or that which is important. Contraction Using El English has many uses of contractions, such as isnt for is not   or theyre for they are, blending two words together to impart meaning. In Spanish there are only two official contractions in the entire language and they both involve the definite article, el.   The words a el form the contraction al.   For an example, Ella va al auto, means, She is going to the car. A Spanish speaker would literally say, Ella va  a el auto. The contraction al works more smoothly in this case. The words de el form the contraction  del. An example,  El libro es del profesor,  which literally translates to mean, the book is of the teacher, or more smoothly translated, the book is the teachers. The contracted form of  al  usually means to the and  del  usually means of the.

Policy paper Research Example | Topics and Well Written Essays - 3000 words

Policy - Research Paper Example Both of these policies, working in consort, and in spite of a polarizing political climate, did manage to turn the American economy around. However, it was because of the desperate political climate that the ARRA was made to suffer less than a full effect on the American economy. It could have done much more, but the damaging political climate refused to allow deeper systemic problems to be addressed. Introduction The UN International Labor Organization estimated that the recent global regression resulted in worldwide job losses at 50 million by the end of 2009 (Taylor and Weepapana, 2009). With demand of goods falling worldwide, global economic growth was expected to shrink by 2 percent, effecting emerging economics as far as in Eastern Europe and in mainland China. Taiwan saw its exports fall 42.9 percent. Unemployment in the United Kingdom which was 4.7 in 2000 and grew to 5.0 in 2008, reached 7.9 by December 2010. In the United States, the Bureau of Labor Statistics charted unemp loyment rates that varied between 4.1 and 5.0 percent 2000 through November 2005. These rates begin to worsen by September 2008, reaching 6.5 by October 2008 and the highest level of 10.0, 15.4 million people out of work, by November 2009. A total of 750,000 jobs was being lost per month in an economy that was contracting 6 percent annually (CEA). Clearly, economic policy had faltered worldwide and particularly in the United States. By December 2008, the National Bureau of Economic Research had finally declared the U.S. had been in a recession since December 2007. Growth in the fourth quarter of 2008 had shrunk to a negative 6.2%, the lowest since 1982. The American Recovery and Reinvestment Act Immediately after his election, President Barak Obama led the 111th United States Congress through a series of emergency measures. These measures capitalized to his signing into law, on February 17 2009, The American Recovery and Reinvestment Act of 2009 (ARRA, Pub.L. 111-5), referred to as the Stimulus or the Recovery Act. This $787 billion spending program consisted of $286 billion in tax cuts to stimulate the economy and expenditures for spending on infrastructure, State, revenue sharing, unemployment benefits, food stamps, and business and middle class tax cuts. Specifically the ARRA directed $88 billion for direct purchase of goods; $44 billion for infrastructure transfers to state and local governments; $215 billion for non-infrastructure transfers to state and local governments, accounting for such as public safety and education spending; $100 billion for direction transfers to persons in form of unemployment insurance benefits, and student loans; $18 billion to retirees; and tax cuts totaling $266 billion that covered business tax provisions and such as the first-time homebuyer tax credit (Berger and Gaffney, 2009). The ARRA funded many specific programs that sought to influence change in greenhouse technology, rapid transit, electronic medical health records a mong a large number of broad base initiatives. For education, the ARRA allocated $5 billion to the Department of Education to fund programs under the Race to the Top program that closed the achievement gap and improved student achievement. The DoE allowed successful programs to compete for grants from a $650 million fund that would enable them to

ART history Essay Example | Topics and Well Written Essays - 1000 words

ART history - Essay Example If we look at Monet’s Impression, Sunrise and at the following works of Impressionist artists, we will see not only certain concepts but also some beautiful, aesthetically pleasing images. Then, gradually, works of art changed and the concept of beauty changed, too. Can Picasso’s Guernica be called a masterpiece? Certainly. Can it be called beautiful in the traditional, classic sense? Not exactly. In Picasso’s works for example – and in Cubism as a whole – reality is not what the artist sees but what he himself creates. The idea of this style is to take reality, destroy it in your imagination and then recreate it on the canvas. Other styles of the late 19th and early 20th century also took a novel approach to reality – Dadaism and Surrealism, for example. Marcel Duchamp worked in both styles and his works also represent this change. The third change in the definition of art is the growing role of political and social views in artistic works. This is the case with Dadaism, mentioned above. Rejection of traditional artistic values was for Dadaists a way to reject traditional social and political values which, according to them, led to World War One. This change is visible not only in the visual arts but also in music. The music of the 19th and 20th century had a significant social element. The specific ideas may be different around the world but the general change is the same – social ideas were reflected in music. For example, styles like gospel, soul, and spiritual have all evolved in the social context in which African people lived in America in 19th century. If we take a look at what buildings looked like in the past (in the Antiquity, in the Middle Ages, in the Renaissance, and in the Enlightenment), we will see their elaborate beauty. Buildings were meant not only to be used according to their purpose, but also to be admired. Therefore, they had ample ornamentation and numerous details. All the changes described above bring about e

World Situation Scope Essay Example for Free

World Situation Scope Essay IA Review of the World Situation Scope This paper will focus its attention on the CIAs assessment of the world situation in regards to terrorism. The focus of the paper will be the September 11th attacks made on American soil as well as go into the history of Al Qaeda, their resources for planning terrorism and their history in recruitment. Since the release of the original document, which discussed the state of world security in May 0f 1949, there has been many changes to the political structure of the areas discussed. At the time of the original document, the major issues which concerned American security involved the recently defeated Germans, the USSR, the Far East, the Near East and Latin America. However, the security of the United States of America has been under constant stress since the attacks of September 11, 2001. Though programs have been altered or created in the National Security Agency, the Department of Homeland Security and the Central Intelligence Agency, there remains a threat on Americans, and American holdings throughout the world. As Andrew Kydd and Barbara Walter explain, there is a distinct politic to the notion of terrorism. However, these tactics are not always effective. There are many events of terrorism in the world each year, yet only a handful are regarded with any merit. According to Kydd and Walter, through a well argued and insightful article, it is the trust between groups that must be destroyed for an extremist attack to be successful. This is the motivation behind the response to the attacks of September 11, 2001. On Begin Match to source 7 in source list: (11-30-05) http://www. adultbuzz. com/121201/page4. phtmlDecember 6, 2001,End Match then Begin Match to source 7 in source list: (11-30-05) http://www. adultbuzz. com/121201/page4. phtmlAttorney General John Ashcroft addressed the Senate Judiciary CommitteeEnd Match in praise of this act, and its restructuring of the NSA, CIA and FBI. (Ashcroft 524) His rhetoric was patriotic and concise, and his views of the USA PATRIOT act and its changes seemed sincere. This was supported with the passage of the United Nations Security Council Resolution 1373, which paved the road for the Patriot act itself. Eric Rosand wrote about the resolution in 2003. His response to its necessity was one of sympathy to the government, for having to face such a difficult challenge. However, not everyone who has commented on the alterations of the US governmental policy has done so with such reverence. David Cole compared the investigations into possible terrorist cells in the United States, to the Palmer Raids of 1919 where, following a series of bombings, J. Edgar Hoover led a series of round ups of immigrants across the country and held them without trial or charge in unconscionable conditions, interrogated incommunicado and in some cases tortured. (529) This attitude has spread throughout the country, as the appearance of impropriety has permeated the governments handling of the terrorists investigations. Mary Jacoby brings up the question of the legal definition of Detainee. This is in response to the holding of prisoners at the Guantanamo Bay military base in Cuba. The prisoners of this facility have been acquired from around the world from the war in Afghanistan, and from arrests done in dozens of countries around the world. However, the problem arises when the soldiers fighting for the Afghan military are brought in as detainees, rather than prisoners of war. While the Guantanamo prison has its apologists, such as Charles Krauthammer who states that freeing of these men would be lunacy (537) the fact remains, that in strict terms, the United States is in break of the Geneva Convention by holding POWs. Fernando Reinares noted in his article, The Empire Rarely Strikes Back, that after more than 2400 acts of terrorism against American citizens and interests there have been only three occasions of overt military response. (Reinares 92) However, because of the incredible size and depth of impact of the September 11th attacks, war became unavoidable. There did arise a problem with the military action, however, as a growing public opinion seemed to point the target as Islam itself, rather than just Al-Qaeda. This prompted the United States to enlist the help of as many Islamic nations as possible to counter act this perception. (Aretxega 143) This coalition of Islamic nations does nothing to counteract the rise in racial profiling within the United States. Sherry Colb wrote about the foreseen changes in American law enforcement following the September 11th attacks. Her article articulated the problem of racial profiling and its consequences. Cold notes that real numbers do not support profiling. (539) However this does not stop the utilization of profiling in airports, or in traffic stops. However, this too has its supporters, from such sources as law professor Roger Clegg. His response to the topic of racial profiling is one of acceptance and justification. So what? (Clegg 542) Clegg asks of the act of profiling. However his racial make up lends itself easily to such opinions, as an educated white male is rarely accosted for being white, educated or male. Key Findings Research into this fact has revealed that there are several locations outside of the United States where Americans and American holdings are under the greatest threat. There are varied threat levels in these locations, which range from possible altercations, to threats to life and property. However, there are countries which pose a threat to the safety of the United States in ways other than travel advisories. Some nations and their governments have strong anger towards the United States. These nations have alluded to, or are actively pursuing policies which are intended to cause harm to the United States of America. Some of these nations, such as North Korea and Iran, have instituted programs which are designed to test the United States. Other countries have entered into, or have begun to create trade unions which are designed to damage the United States position on the world market. Regardless of the type of threat these nations pose, there remains the necessity to understand and counteract these programs. This is difficult, however, as the degree and sophistication of these programs varies as widely as the threats themselves. The addressing of these issues are of critical importance to the continued safety of the United States and its citizens at home and abroad. Analysis 1. North Korea: Nuclear weapons proliferation. This nation has been a location of turmoil since its liberation from Japanese control following World War II. [i] However, in recent years, the threat of North Korea upon the United States has increased as the power and stability of the North Korean government, under the leadership of Kim Jong- Il, has begun to wane. Over the course of the past few years, Kim Jong-Il has made public statements attesting to his desire to develop nuclear weaponry for possible use against the United States of America. This threat has been elevated as of October 9, 2006. On this date, the North Korean military conducted its first successful test of its nuclear weapon. Though the yield of the weapon was low, reportedly only 550 tons,[ii] it does justify concerns that the government of North Korea may indeed develop a combat ready nuclear devise in the near future. The small yield of the blast is not thought to be indicative of their capabilities, however. Large scale underground nuclear testing requires large areas, 50-60 square miles of desert, to accomplish. North Korea does not have significantly large areas of land that are undeveloped or do not contain ground water. [iii] Because of this, the damage that would have been caused by a larger yield test would have been too great to the infrastructure of the nation to allow. Managing the crisis The threat that North Korea poses to the United States is being managed, currently, through various levels of diplomatic means. There have been several calls for 6-party talks, meetings involving multiple nations Begin Match to source 9 in source list: http://www. spacewar.com/2003/031015003520. s1ia1dhk. htmlthe United States, China, Russia, South Korea, North Korea and JapanEnd Match however these meetings have yet to occur. Because of this, the threat that North Korea poses to the United States remains serious. 2. Iran: Terrorist support and instigation of hostilities. The government of Iran has been at ends with the administration of the United States for many years. The current leader of the Iranian government, President Mahmud Ahmdi-Nejad, has openly stated his contempt for the presence of the United States military in the Middle East. Travel to the country of Iran by Americans is not recommended as the United States holds no Begin Match to source 4 in source list: (7-27-06) http://www. mahablog. com/category/blogging/diplomatic or consular relations with the Islamic Republic of Iran and therefore cannot provide protection or routine consular services to American citizens in Iran. [End Matchiv] Iran Begin Match to source 4 in source list: (7-27-06) http://www. mahablog. com/category/blogging/is aEnd Match Muslim nation, and therefore has issues with the world view of the current war on terrorism, which is being headed by the United States of America. There is strong international sentiment that the Begin Match to source 5 in source list: (1-2-07) http://www. pwgd. com/blog/lb/6196-fbino-hard-evidence-connecting-bin-laden-connected-to-911-how-israeli-terrorist-became-a-victim-global-snapshots-capitalist-intersection-of-class-nationalrace-gender-oppression/war on terror is a war against theEnd Match religion of Islam and therefore a war against all Muslims. While this is not the case, few nations in the region have actively attempted to dispel this misconception. The relations between Iran and the United States is strained for another reason Irans support of the terrorist group, Hezbollah. While originating and operating outside of Irans borders, Hezbollah has been linked to various acts of violence throughout the Middle East. Most recently, during the short war between Israel and Lebanon, Hezbollah was involved in acts of violence, kidnapping and attacks on Israeli interests. Iran has been known to, and is suspected to still be funding this group. Following the hostilities of the war between Israel and Lebanon, a large influx of money was seen within Lebanon. Though the money was given out by cells of the Hezbollah group, to people whose homes were damaged or destroyed in the fighting, it is widely accepted that the money originated from the government of Iran. Because of these issues, Iran has been seen as one of the key threats to United States security. Their open support of anti-American factions within Iraq, as well as multiple allusions towards their seeking nuclear weapons, has kept Iran on the list of chief threats. 3. Afghanistan: Center of Al-Qaeda recruitment. The terrorist group, Al-Qaeda continues to be a Begin Match to source 12 in source list: http://www.parstimes. comthreat to theEnd Match safety and Begin Match to source 12 in source list: http://www. parstimes. comsecurity of the United States. End Match Since Begin Match to source 12 in source list: http://www. parstimes. comtheEnd Match attacks on September 11, 2006, Osama bin-Laden and his terrorist group, Al-Qaeda, have been linked to multiple acts of violence around the world. The nation of Afghanistan was, until the invasion by coalition forces in 2001, ruled by the Taliban a hard-lined government with strong ties the terrorist group. Bin-Laden and Al-Qaeda have been hunted since the September 11th attacks, and many key leaders have been captured or killed. However the presence of the group in Afghanistan is increasing again and Osama bin Laden remains at large. [v] The war within Afghanistan has continued since 2001, with no certainty for an end. This has caused dangerous instability within the region. Despite the institution of a democratically elected government within the nation, political stability has not been reached. 4. Mexico: Unprotected border crossings and illegal immigration. The number one priority of preventing terrorism is to prevent terrorist travel. This tactic however has not been serious employed with regards to border security and finding and preventing terrorism since the focus as previously stated is more about finding terrorists not finding the means by which they are mobile. One system that has not be utilized in border security is the means by which to detect whether documentation is authentic since terrorists have system by which they infiltrate a country their travel channels should be found and exploited but no real clause in the Patriot Act has been given or stated. Terrorists establish themselves in the United States through their travel channels by which there is a paper trail of documents; therefore, the Patriot Act, and NAFTA should not only be focusing their efforts at the borders where the terrorists may or may not be traversing but the government should also be wary of terrorist activity already transpiring inside the country, as The US 9/11 Commission on Border Control, Begin Match to source 2 in source list: http://elections.donyell. netEach of these checkpoints or portals is a screening-a chance to establish that people are who they say they are and are seeking access for their stated purpose, to intercept identifiable suspects, and to take effective action. [End Matchvi] Begin Match to source 2 in source list: http://elections. donyell.net TheEnd Match United States since September 11 has kept a more watchful eye on the Mexican border to ensure that large trucks are not passing the borders which could hold weapons, but this seems to be the only action officials and military are taking in regards to border control according to Zagorin in The Mexican Border Will Get a Closer Look. [vii] In this article Zagorin is hard pressed to find any true action the US is taking in regards to border control and Zagorin sites many examples of how Mexico is making its own efforts to decreased the chances Begin Match to source 1 in source list: Zagorin, Adam. al-Qaeda terroristsEnd Match coming Begin Match to source 1 in source list: Zagorin, Adam. into the countryEnd Match or leaving the country, Begin Match to source 1 in source list: Zagorin, Adam. The Mexicans will also focus on flight schools and aviation facilities on their side of the frontier. another episode has some senior U. S. officials worried; the theft of a crop-duster aircraft south of San Diego, apparently by three men from southern Mexico who assaulted a watchman and then flew off in a southerly direction End Match Begin Match to source 1 in source list: Zagorin, Adam. a senior U. S. law-enforcement official notes that crop dusters can beEnd Match sued Begin Match to source 1 in source list: Zagorin, Adam. to disperse toxicEnd Match substance Begin Match to source 1 in source list: Zagorin, Adam. TheEnd Match Begin Match to source 3 in source list: (7-23-06) http://www. usatoday. com/printedition/news/20060413/a_felony13. art. htmpeople who enter the country legally and then overstay their visas-as many as 40% of the nations estimated 12 million illegal immigrants, are guilty of a civil violation. [End Matchviii] Thus Begin Match to source 3 in source list: (7-23-06) http://www. usatoday.com/printedition/news/20060413/a_felony13. art. htmitEnd Match becomes apparent that the United States is focusing more attention on illegal immigration than on terrorism since all of their efforts are geared toward this goal. Since these hijackers could have been apprehended but were not, and the government has only increased the number of patrols on the either border and not per se the system by which illegal immigrants are apprehended it stands to reason that the government is not altogether prepared or establishing a methodology in apprehending terrorists, they are merely cracking down by using brute force without strategy. Conclusion The safety of the United States is in constant turmoil. While much has been done over the course of the past five years, there are few authorities who would actually state that the country is safe. Though the year 2006 was free of any dramatic assaults against the United States, the wars in Iraq and Afghanistan have become increasingly costly. Both have served to empower our enemies, rather than defeat them. In the information presented in this paper it gave different avenues by which the United States could be making a better effort to fight terror by simply having a different strategy on terrorism inclusive of finding their travel channels and relying on identification and false passports. The United States approach to border control, since they are using the same system now as prior to September 11 have not changed how they approach terrorists and their apprehension thus leaving room terrorists to take advantage of this lax method and exploit it. This year has seen, however, a dramatic reversal in the power center of the nation following the November elections, the congressional majorities both switched to the Democrats. The result of this switch is unclear, as of yet, however, there are many who are hopeful that the new majority will take the steps necessary to permanently secure the safety of the nation. Notes on Sources 1. The CIA World Fact Book is a very useful tool in todays world of global thought. The information that is found there is an excellent starting point for gathering an understanding of any world nation. 2. The Global Security Foundation is a non-partisan, non-profit organization that is dedicated to keeping track of the proliferation of nuclear weaponry. 3. The United States Department of State is part of the US government, and posts its de-classified information on the internet. 4. The United States Federal Bureau of Investigations is the central location for information on any criminal that is deemed to be of a threat to the nation as a whole. 5. Begin Match to source 13 in source list: Robinson, William H. Lake, Jennifer E. S. The 9/11 Commission wasEnd Match created Begin Match to source 13 in source list: Robinson, William H. Lake, Jennifer E. S. toEnd Match investigate Begin Match to source 13 in source list: Robinson, William H. Lake, Jennifer E. S. theEnd Match short comings Begin Match to source 13 in source list: Robinson, William H. Lake, Jennifer E. S. ofEnd Match the United States security, and find out how and why Al-Qaeda was able to attack from within the United States. 6. Time magazine has been a trusted name in world news for decades. The weekly journal offers insight to world events. 7. USA Today is another trusted source of news. This daily journal centers on the issues that directly involve the United States.   [i] North Korea. CIA World Fact Book. United States Government: Central Intelligence Agency. 2006. Date of access: December 1, 2006. Begin Match to source 11 in source list: (2-3-07) http://www. canadaol. com/search. php? opt=2keyword=+haitiURL: https://www. cia. gov/cia/publications/factbook/geos/End MatchknBegin Match to source 11 in source list: (2-3-07) http://www.canadaol. com/search. php? opt=2keyword=+haiti. htmlEnd Match [ii] Nuclear Weapons Testing. Global Security Foundation. Date of access: December 1, 2006. URL: Begin Match to source 10 in source list: http://en. wikipedia. org/wiki/List_of_countries_with_nuclear_weaponshttp://www. globalsecurity. org/wmd/world/dprk/nuke- test. htmEnd Match [iii] ibid. [iv] Begin Match to source 8 in source list: (5-6-03) http://www. itravelnow. com/nukebrowser. php? filnavn=http://travel. state. gov:80/iran_warning. htmlTravel Warning:End Match Iran. Begin Match to source 8 in source list: (5-6-03) http://www. itravelnow. com/nukebrowser. php? filnavn=http://travel. state. gov:80/iran_warning. htmlUnited States Department of State. Bureau of Consular Affairs. End Match 2006. Date of Access: December 1, 2006. URL: Begin Match to source 6 in source list: (9-24-06) http://iran. gerffa. org/index. htmlhttp://travel. state. gov/travel/cis_pa_tw/tw/tw_920. htmlEnd Match [v] Osama Bin Laden. Federal Bureau of Investigations. 2006. Date of access: December 1, 2006. URL: Begin Match to source 5 in source list: (1-2-07) http://www.pwgd. com/blog/lb/6196-fbino-hard-evidence-connecting-bin-laden-connected-to-911-how-israeli-terrorist-became-a-victim-global-snapshots-capitalist-intersection-of-class-nationalrace-gender-oppression/http://www. fbi. gov/wanted/terrorists/terbinladen. htmEnd Match [vi] The US 9/11 Commission on Border Control. (2004). Blackwell Publishing Ltd. P569-574. [vii] Zagorin, Adam. (22 November 2004). Bordering On Nukes? Time. Vol. 164 Issue 21, p19. [viii] Kiely, Kathy. (13 April 2006). GOP View: Illegal Immigration wont be Felony. USA Today.

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Business Law BA 434 SE Midterm Exam 2001 Spring Term Question One: Jim's promise is not enforceable under the contract law. A contract consists of 3 elements: 1) offer, 2) acceptance, and 3) consideration. The offer must be definate. It must have 1) subject, 2) price, 3) offeree, 4) quantity, and 5) time for performance and it must be communicated to the offeree. Applying the elements of a contract to the facts before us, the contract began when Jim offered Pam a place to live. He basically stated that all she needed to do was to come and see him. By accepting Jim's offer, Pam traveled to see Jim, thus completing the contract. However, Pam assumes that in Jim's consideration, he will pay for her incurred expenses as long as she visits him. Jim is not bound to the contract because the offer was not definate. Yes, Jim offered Pam, the offeree, a place to stay, however, he did not stated when the act could be performed nor did he state exactly what "providing a place to live" included. Meaning, he only offered Pam a place to reside, and there was not mention of Jim handling any other expenses. Jim's offer lacked quantity, time for performance, and definate communication. Thus, this intended contract is non-binding due to the indefinate offer. Question Two Due to the methods of terminating a contract, Oneal was relieved of his contract. A contract consists of 3 elements: 1) offer, 2) acceptance, and 3) consideration. The offer must be definate. It must have 1) subject, 2) price, 3) offeree, 4) quantity, and 5) time for performance. Now applying one of the methods by which a contracts are terminated to the facts before us, when the Opera House burned to the ground, it made it impossible for both Oneal and Jordan to perform. Oneal was bound to the contract, in that he accepted the offer, however, because the Opera House ( the contracted location) was no longer avail for use, he was not able to perform his duties of singing. Jordan was bound to contract because he offered Oneal a place to sing for six months, however, the torching of the Opera House made the providing of the stage practically impossible. The impossibility of performance made the breach of contract legally possible.