Crime Control versus Due Process in Canada :: Criminal Justice Papers

Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison. One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedo ms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions. In the case of Alois Dolejs the crime control model, was swift and took the criminal off the streets. The police had a lot of circumstantial evidence, for example, bloody cloths and two different types of blood. On the advise of his attorney, he was instructed not to disclose the location of the bodies, until after the trial.

Residential Schools Essay -- Canadian Education, Canadian Government

Case Study: Residential Schools Examining the residential school system in Canada between the 1870s and 1996 exposes numerous human rights and civil liberties violations of individuals by the government. This case study involves both de jure discrimination and de facto discrimination experienced by Aboriginals based on their culture. The Canadian Charter of Rights and Freedoms specifically protects Aboriginal rights under section 25 and section 15 declares that, â€Å"Every individual is equal before and under the law† (Sharpe & Roach, 2009, p. 307). Human rights and civil liberties of Aboriginal children and parents were ignored and violated by residential schools which were fuelled by government policy, agendas of church organizations, and a public desire to assimilate the native population into Canadian society. Government Policy Assimilating the aboriginal population into Canadian society was seen as the best solution to eliminating the costs associated with this segment of society receiving funds for being wards of the state. Once the process of shaping students into ideal citizens has been completed, they would be granted full citizenship and automatically enfranchises them. The removal treaty rights and tribe affiliation would mean that the federal government is no longer faced with the financial burden associated with caring for these peoples (Akhtar, 2010, p. 113). Since children have the potential to easily adapt to situations, they are perfect candidates for socialization programs which ease them into society. When the policy of aggressive civilization was supported by the Canadian government, public funding became available for the residential school project which involved stripping aboriginal children of their cultur... ...ess to the issue and recognizing the problems with this policy will help prevent further violations of rights and liberties. Conclusion The Canadian Charter of Rights and Freedoms is in place to ensure the citizens of Canada are protected from unreasonable violations by the government. When the assimilation policy was adopted there was no way to determine the far reaching effects that it would have on aboriginal children and their families. Over time societal views change and the policies are directly affected so this kind of human rights violation would be less acceptable. Challenging the status quo can bring about change and bring awareness to a topic that was often overlooked. In a nation which prides it’s self on being a multicultural mosaic, residential schools fuelled by policy, religious organizations and the public should be stricken down permanently.

Group Dynamics Essay

What is â€Å"group dynamics†? Perhaps it will be most useful to start by looking at the derivation of the word â€Å"dynamics†. It comes from a Greek word meaning force. In careful usage the phrase, â€Å"group dynamics† refers to the forces operating in groups. The investigation of group dynamics, then, consists of a study of these forces: what gives rise to them, what conditions modify them, what consequences they have, etc. The practical application of group dynamics (or the technology of group dynamics) consists of the utilization of knowledge about these forces for the achievement of some purpose. In keeping with this definition, is not particularly novel, nor is it the exclusive property of any person or institution. It goes back at least to the outstanding work of men like Simmel, Freud, and Cooley. Although interest in groups has a long and respectable history, the past fifteen years have witnessed a new flowering of activity in this field. Today, research centers in several countries are carrying out substantial programmes of research designed to reveal the nature of groups and of their functioning. The phrase â€Å"group dynamics† had come into common usage during this time and intense efforts have been devoted to the development of the field, both as a branch of social science and as a form of social technology. In this development the name of Kurt Lewin had been outstanding. As a consequence of his work in the field of individual psychology and from his analysis of the nature of pressing problems of the contemporary world, Lewin became convinced of society’s urgent need for a scientific approach to the understanding of the dynamics of groups. In 1945 he established the Research Center for Group Dynamics to meet this need. Since that date the Centre has been devoting its efforts to improving our scientific understanding of groups through laboratory experimentation, field studies, and the use of techniques of action research. It has also attempted in various ways to help get the findings of social science more widely used by social management. Much of what I have to say in this paper is drawn from the experiences of this Center in its brief existence of a little more than five years. We hear all around us today the assertion that the problems of the twentieth century are problems of human relations. The survival of civilization, it is said, will depend upon man’s ability to create social interventions capable of harnessing, for society’s constructive use, the vast physical energies now at man’s disposal. Or, to put the matter more simply, we must learn how to change the way in which people behave toward one another. In broad outline, the specifications for a good society are clear, but a serious technical problem remains: How can we change people so that they neither restrict the freedom nor limit the potentialities for growth of others; so that they accept and respect people of different religion, nationality, colour, or political opinion; so that nations can exist in a world without war, and s that the fruits of our technological advances can bring economic well-being and freedom from disease to all people of the world? Although few people would disagree with these objectives when stated abstractly, when we become more specific, differences of opinion quickly arise. These questions permit no ready answers. How is change to be produced? Who is to do it? Who is to be changed? Before we consider in detail these questions of social technology, let us clear away some semantic obstacles. The word â€Å"change† produces emotional reactions. It is not a neutral word. To many people it is threatening. It conjures up visions of a revolutionary, a dissatisfied idealist, a trouble-maker, a malcontent. Nicer words referring to the process of changing people are education, training, orientation, guidance, indoctrination, therapy. We are more ready to have others â€Å"educate† us than have them â€Å"change† us. We, ourselves feel less guilty in â€Å"training† others than in â€Å"changing† them. Why this emotional response? What makes the two kinds of words have such different meanings? I believe that a large part of the difference lies in the fact that the safer words (like education and therapy) carry implicit assurance that the only changes produced will be good ones, acceptable within a currently held value system. The cold, unmodified word â€Å"change†, on the contrary, promises no respect for values; it might even tamper with values themselves. perhaps for this very reason it will foster straight thinking if we use the word â€Å"change† and thus force ourselves to struggle directly and self-consciously with the problems of value that are involved. Words like education, training, or therapy, by the very fact that they are not so disturbing, may close our eyes to the fact that they too inevitably involve values. How can we change people so that they neither restrict the freedom nor limit the potentialities for growth of others; so that they accept and respect people of different religion, nationality, colour, or political opinion; so that nations can exist in a world without war, and so that the fruits of our technological advances can bring economic wellbeing and freedom from disease to all people of the world? The proposal that social technology may be employed to solve the problems of society suggests that social science may be applied in ways not different from those used in the physical sciences. Does social science, in fact, have any practically useful knowledge which may be brought to bear significantly on society’s most urgent problems? What scientifically based principles are there for guiding programmes of social change: In this paper we shall restrict our considerations to certain parts of a relatively new branch of social science known as â€Å"group dynamics†. We shall examine some of the implications for social action which stem from research in this field of scientific investigation. Consider first some matters having to do with the mental health of an individual. We can all agree, I believe, that an important mark of a healthy personality is that the individual’s self-esteem has not been undermined. But on what does self-esteem depend? From research on this problem we have discovered that, among other things, repeated experiences of failure or traumatic failures on matters of central importance serve to undermine one’s self-esteem. We also know that whether a person experiences success or failure as a result of some undertaking depends upon the level of aspiration which he has set for himself. Now, if we try to discover how the level of aspiration gets set, we are immediately involved in the person’s relationships to groups. The groups to which he belongs set standards for his behaviour which he must accept if he is to remain in the group. If his capacities do not allow him to reach these standards, he experiences failure, he withdraws or is rejected by the group and his self-esteem suffers a shock. Consider a second example. A teacher finds that in her class she has a number of trouble-makers, full of aggression. She wants to know why these children are so aggressive and what can be done about it. A foreman in a factory has the same kind of problem with some of his workers. He wants the same kind of help. The solution most tempting to both the teacher and the foreman often is to transfer the worst trouble-makers to someone else, or if facilities are available, to refer them for counselling. But is the problem really of such a nature that it can be solved by removing the trouble-maker from the situation or by working on his individual motivations and emotional life? What leads does research give us? The evidence indicates, of course, that there are many causes of aggressiveness in people, but one aspect of the problem has become increasingly clear in recent years. If we observe carefully the amount of aggressive behaviour and the number of trouble-makers to be found in a large collection of groups, we find that these characteristics can vary tremendously from group to group even when the different groups are composed essentially of the same kinds of people. In the now classic experiments of Lewin, Lippitt and White (1939) on the effects of different styles of leadership, it was found that the same group of children displayed markedly different levels of aggressive behaviour when under different styles of leadership. Moreover, when individual children were transferred from one group to another, their levels of aggressiveness shifted to conform to the atmosphere of the new group. Efforts to account for one child’s aggressiveness under one style of leadership merely in terms of his personality traits could hardly succeed under these conditions. This is not to say that a person’s behaviour is entirely to be accounted for by the atmosphere and structure of the immediate group, but it is remarkable to what an extent a strong, cohesive group can control aspects of a member’s behaviour traditionally thought to be expressive of enduring personality traits. Recognition of this fact rephrases the problem of how to change such behaviour. It directs us to a study of the sources of the influence of the group on its members. Within very recent years some research data have been accumulating which may give us a clue to the solution of our problem. In one series of experiments directed by Lewin, it was found that a method of group decision, in which the group as a whole made a decision to have its members change their behaviour, was from two to ten times more effective in producing actual change as was a lecture presenting exhortation to change (Lewin, 1951). We have yet to learn precisely what produces these differences of effectiveness, but it is clear that by introducing group forces into the situation a whole new level of influence has been achieved. The experience has been essentially the same when people have attempted to increase the productivity of individuals in work settings. Traditional conceptions of how to increase the output of workers have stressed the individual: * Select the right man for the job * Simplify the job for him * Train him in the skills required * Motivate him by economic incentives * Make it clear to whom he reports * Keep the lines of authority and responsibility simple and straight. But even when all of these conditions are fully met we find that productivity is far below full potential. There is even good reason to conclude that this individualistic conception of the determinants of productivity actually fosters negative consequences. The individual, now isolated and subjected to the demands of the organization through the commands of his boss, finds that he must create with his fellow employees informal groups, not shown on any table of organization, in order to protect himself from arbitrary control of his life, from the boredom produced by the endless repetition of mechanically sanitary and routine operations, and from the impoverishment of his emotional and social life brought about by the frustration of his basic needs for social interaction, participation, and acceptance in a stable group. Recent experiments have demonstrated clearly that the productivity of work groups can be greatly increased by methods of work organization and supervision which give more responsibility to work groups, which allow for fuller participation in important decisions, and which make stable groups the firm basis for support of the individual’s social needs (Coch & French, 1948). It is points out future research will also demonstrate that people working under such conditions become more mature and creative individuals in their homes, in community life, and as citizens. A few years ago the Research Center for Group Dynamics undertook to shed light on this problem by investigating the operation of a workshop for training leaders in intercultural relations (Lippitt, 1949). In a project, directed by Lippitt, they set out to compare systemically the different effects of the workshop upon trainees who came as isolated individuals in contrast to those who came as teams. Six months after the workshop, however, those who had been trained as isolates were only slightly more active than before the workshop whereas those who had been members of strong training teams were now much more active. They do not have clear evidence on the point, but they are quite certain that the maintenance of heightened activity over a long period of time would also be much better for members of teams. For the isolates the effect of the workshop had the characteristic of a â€Å"shot in the arm† while for the team member it produced a more enduring change because the team provided continuous support and reinforcement for its members. What conclusions may we draw from these examples? What principles of achieving change in people can we see emerging? To begin with the most general position, we may state that the behaviour, attitudes, beliefs, and values of the individual are all firmly grounded in the groups to which he belongs. How aggressive or cooperative a person is, how much self-respect and self-confidence he has, how energetic and productive his work is, what he aspires to, what he believes to be true and good, whom he loves or hates, and what beliefs and prejudices he holds—all these characteristics are highly determined by the individual’s group memberships. In a real sense, they are properties of groups and of the relationships between people. Whether they change or resist change will, therefore, be greatly influenced by the nature of these groups. Attempts to change them must be concerned with the dynamics of groups. In examining more specifically how groups enter into the process of change, we find it useful to view groups in at least three different ways. In the first view, the group is seen as a source of influence over its members. Efforts to change behaviour can be supported or blocked by pressures on members stemming from the group. To make constructive use of these pressures the group must be used as a medium of change. In the second view, the group itself becomes the target of change. To change the behaviour of individuals it may be necessary to change the standards of the group, its style of leadership, its emotional atmosphere, or its stratification into cliques and hierarchies. Even though the goal may be to change the behaviour of individuals, the target of change becomes the group. In the third view, it is recognized that many changes of behaviour can be brought about only by the organization efforts of groups as agents of change. A committee to combat intolerance, a labour union, and employers association, a citizens group to increase the pay of teachers—any action group will be more or less effective depending upon the way it is organized, the satisfactions it provides to its members, the degree to which its goals are clear, and a host of other properties of the group.

Benefits of a particular spreadsheet Essay

Benefits Potential Refinements In the spreadsheet there are a few refinements that could be changed in the spreadsheet including the graph, but then these are also little minor refinements that can be changed to make this spreadsheet more potentially better. First off all the graph could have been changed or even a new graph could be added in on the spreadsheet. Maybe some people can’t see the difference in a bar graph or can’t tell what the information can tell, so maybe another graph could be added like a pie chart or a line graph. This way people can tell which coach is better in price. Also the graph could have the number of coaches needed and how many coaches are available at that time of the day. Finally the graph can also have the details of the coaches, so when the user decides on which coach to use they can contact them and confirm their details. So over all the spreadsheet has many benefits than potential refinements that need doing, but on the over hand the refinements are not major errors on the spreadsheet.

Finance accounting Essay Example | Topics and Well Written Essays - 3000 words

Finance accounting - Essay Example Some of the bodies include; financial accounting standards board (FASB), American Institute of Certified Public Accountants (AICPA), Public Companies Oversight Board (PCOB), International Accounting Standards Board (IASB), Securities Exchange Commission (SEC) and Association Chartered Certified Accountants among other governing bodies globally. Financial regulations have been common phenomena in the current world. For example in the recent Euro crisis the countries involved had to take measures to ensure that their financial systems are not curtailed. Policies were reviewed at this time to ensure currency stability in the market. Another instance which has seen financial reviewing is in the US during the 2008 financial panic. The country finance department reviewed its policies to ensure that the government did not transcend into a state of jeopardy. Although policies are continuously reviewed they must fall within the stipulations of internationally accepted principles. The whole sequence of formulation is governed by the generally accepted accounting principles (GAAPS); failure to comply with these rules will lead to confusion in the sector. This paper tries to analyze the financial implications of Ryanair plc. Ryanair is an international company with huge market base; it operates low cost passenger airlines which ply the routes between UK, Europe continent and the Moroccan airspaces. Besides the company is listed on a stock exchange in the country, with a huge base of shareholders the company needs to frequently assess its financial statements to convey the right message to the shareholders and stay within the law. It is the financial obligations of the companies which on most occasions oblige management to address or review the financial statements of the company. Shareholders and the authorities will on most occasions want reports on the operations of the company. In

Personal ethics action plan Essay Example | Topics and Well Written Essays - 2000 words

Personal ethics action plan - Essay Example The individual needs to involve ethics in his day to day operation to provide rational and ethical perspective to any prevailing situation. Leadership Leadership can be comprehended as the method of influencing a group by the individual to accomplish common goals. An individual leader needs to recognize the core values. He also needs to have the audacity to live them throughout the life in the service of common good. This is known as personal leadership. Character ‘Character’ in simpler terms can be comprehended as the numerous actions taken by the individual. The actions are thus taken for the purpose of carrying out the ethics, moral as well as values. It is to state that character may not be reflected in what is said by a person or in his intention to do something. It is reflected in what the individual does. Service Service can be explained as the action taken by a person for the purpose of helping someone. There is close relation between the service as well as leade rship. A leader is supposed to delegate the task to his followers and is also accountable for performing many other services. However, he also needs to assure that his followers are completing the task in an ethical manner for achieving the common goal of the organization. Section 2 Fraud Fraud is an ethical issue that impacts the success of the organizations as well as the leaders. The ethical decision is made when a person tends to recognize that a certain context has ethical components. One needs to develop ethical-issue awareness for the purpose of understanding the business ethics. It is the conflicts that give rise to the ethical issues. The conflicts may arise among the individuals’ personal moral ideologies as well as values, the values along with the culture in which they work in the organization and the society in which they live. It is to state that the ethical issues are problems, opportunities or situations requiring the individual, organization and the group to select among numerous actions that need to be assessed as right or incorrect along with ethical and unethical. It can be stated that if an individual involving himself in any kind of misleading and deceiving practices for the purpose of advancing his interest over those of the organization, then it that case they are charged of fraud. Fraud can be understood as the deliberate communication deceiving, concealing and manipulating the fact related to the organization for the purpose of creating a false notion. It is treated as a crime and thus a person fetched with it can be penalized such as imprisonment, fines or it may at times lead to both depending upon the severity of the case. The most common form of frauds as reported by the coworkers are shoplifting or stealing of the office supplies. It has been noted that in the modern times accounting fraud is more pronounced, and thus it has been an ethical issue. However, frauds are not limited to accounting. In the recent times, fraud ha s also been related to the consumers as well as marketing issues. Accounting fraud is becoming one of the serious issues in the corporate houses. It is the financial report of the corporation that helps the investors as well as the other related parties to make informed judgment regarding their deals. If this report or document is full

The inequality of miniorities in the criminal justice system. What Term Paper

The inequality of miniorities in the criminal justice system. What type of stereotypes and unfair justice do miniorities face by - Term Paper Example This research essay will have a detailed analysis and discussion on the inequality of minorities in the criminal justice system in USA and how to have a balanced approach without any bias for the offenses committed despite their color and creed. Introduction United States of America can be defined as a nation of diverse culture comprising of white ethnic immigrants, native Americans, Latinos, African Americans and Asians. As per Russell—Brown (2009), slave codes are those set of laws that ruled the life of African slaves as early in 1600s. Under slavery law, majorities of the African Americans were the victims, and their ordeal came to an end due to the passage of the Emancipation Proclamation in 1863. More rights of the blacks were recognized due to the passage of the 13th Amendment in 1865. According to Free (1996), immediately after the elimination of slavery in USA, â€Å"Black codes â€Å"were legislated in many of the US states in an endeavor to employ the legal system to be dominated by the White supremacy with Jim Crow laws, which stipulated separate facilities for blacks, particularly in cars, rail , schools ,bathrooms , etc. (Hartley, 2010, p.112). As per Browne-Marshall, in 1896, in Plessey v. Ferguson, the Supreme Court of USA sanctioned the policy of â€Å"separate but equal† all but legitimate White supremacy. The enactment of the Civil Rights Act in 1964 which banned racial discrimination in employment , in public places ,which was trailed by Voting Rights Act of 1965, which gave legal acknowledgement to the rights of Black voters.(Gabbidon ,2010,p.66). Though discrimination is banned through Civil Rights Act of 1964, many empirical evidences like Mauer (1994), Tonry (1995), Free (1996), Donziger (1996), Walker (1999), and Walker et al (2000) have shown that racial discrimination prevails virtually in every phase of USAs criminal justice system even today. (Hartley, 2010, p.112). The Main objective of this research essay is to dis cuss about the inequality witnessed by the minorities in the criminal justice system of the U.S.A and to discuss about the type of stereotypes, and unfair justice do minorities face by the treatment of the United States court system in an exhaustive manner. â€Å"Discrimination of Minorities in the American Criminal Justice System† As per Walker, Spohn & DeLone (2000), racial disparities in the United States criminal justice system have long been given attention by the researchers who have found that there has been evidence of discrimination shown to ethnic and racial minorities at every phase of the criminal justice system. Footed upon by the debate posed by Marxist and conflict criminologists, scholars have tried to answer the query whether the law does, in reality, operate to the advantage of a dominant upper class and to the disadvantage of an immobilized lower community. Critics also have raised the question, whether the criminal action of that community which control or own the means of economic production are comparatively impervious from criminal prosecution? (Cullen & Wilcox, 2010, p.475). As per labelling theory of criminal justice, offenders are being treated as if they were criminal, which had the effect of unwanted outcomes on