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Law & Justice Review 3
Quiz by Anthony Harrison
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Law & Justice Review PT 1Consists of federal courts and judges Constitution gives Congress the power to create inferior (lower) courts to meet the nation’s needs -- two main types: District courts -- most cases involving federal laws are first heard in district courts -- U.S. divided into large geographic districts (which covers several states) Appellate courts -- courts that review cases that have been appealed from a lower court -- only considers whether the original trial was fair and legal -- their decisions can be appealed to the Supreme Court Supreme Court -- the highest court in the land (Congress has set the number of justices at nine, and they usually serve for life). Judicial Powers: To protect the Constitution Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states. -- can also try people accused of breaking national laws Dispute only goes directly to Supreme Court if it involves a state or an ambassador from another country; otherwise has to come from a trial and then an appeal in lower courts -- could come eventually from national or state courts -- usually only review cases if they think a decision from a lower court might conflict with the Constitution or a federal law Supreme Court -- has the power of judicial review -- the power of the Supreme Court to decide whether laws and acts made by the legislative and executive branches are unconstitutionalLaw & Justice Grind Time 2LAW & JUSTICE 1 GRIND TIME 1What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society JAGC Naval Justice School “Introduction to Law”Please generate questions: 1 The proverbs of Solomon the son of David, king of Israel; 2 To know wisdom and instruction; to perceive the words of understanding; 3 To receive the instruction of wisdom, justice, and judgment, and equity; 4 To give subtilty to the simple, to the young man knowledge and discretion. 5 A wise man will hear, and will increase learning; and a man of understanding shall attain unto wise counsels: 6 To understand a proverb, and the interpretation; the words of the wise, and their dark sayings. 7 The fear of the Lord is the beginning of knowledge: but fools despise wisdom and instruction. 8 My son, hear the instruction of thy father, and forsake not the law of thy mother: 9 For they shall be an ornament of grace unto thy head, and chains about thy neck. 10 My son, if sinners entice thee, consent thou not.Earlier in 2019 there was a lot of femicide uh girls being killed by their boyfriends because they did one or two things there are also cultures of if there is violence in terms of a marital relationship that that is fine if there's a marital rape that that is fine so you find such situations being normalized and it being also a taboo to speak about those issues the 2030 agenda for sustainable development is grounded in respect for human rights and the power of people to change the world every individual on the planet has the right to health and well-being in all aspects of their sexuality their body and their reproductive choices ensuring these rights is integral to addressing poverty education violence against women and gender equality sexual and reproductive health rights are agreed in international law they were fought for by courageous women's rights activists and advocates across a broad range of professional fields and frontline experiences by movements of all ages levels and backgrounds they are still being fought for while progress has been made globally many barriers remain especially for those most marginalized excluded or discriminated against human rights are central to delivering the 17 sustainable development goals in the sustainable development agenda indeed each sdg target is simultaneously a metric and a claim for human rights the interplay between these political commitments and human rights obligations is particularly important when it comes to achieving sexual and reproductive health rights for decades human rights-based tactics have been used to drive progress in this episode of right to a better world experts share challenges they have faced and tactics they have used to address them the challenges they describe occur in settings all around the world the strategies used are ones that they have found to be successful in their own settings viewers are encouraged to learn from these experiences and consider how tactics could be adapted to their own context when sexual and reproductive health begins with equality the discussions decisions programs and policies which follow can build towards a future where every individual is not only born free but lives free and equal in dignity and rights without violence or discrimination the time to take action is now violence against women is any act that results in or is likely to result in physical sexual or psychological harm or suffering to women this includes threats of such acts coercion or arbitrary deprivation of liberty in public or private life it happens everywhere in every country in the home in communities at work and at school crises including health and humanitarian crises frequently contribute to higher rates of violence against women violence against women is directed at women because of their status as women the consequences are dire jeopardizing women's health including sexual and reproductive health and mental health hampering their ability to participate fully in society causing tremendous physical and psychological suffering for both women and their children the majority of women survivors of violence do not disclose or seek any type of services efforts to address violence against women must recognize the many different contexts in which it occurs and the many different forms it can take the majority of violence against women is committed by an intimate partner her current or previous boyfriend or husband globally around 30 of women have experienced physical and or sexual violence by an intimate partner in their lifetime this increases the risk of acquiring an sti or in some regions hiv by 1.5 fold when a woman is experiencing violence especially from her partner she's really unable to keep safe from hiv men have power to decide how when and where sex should be done and the woman is at risk of being infected because she cannot say no schools are another setting where violence against girls can take place assault and harassment during their commute bullying sexual harassment and mental or physical abuse on school property are all challenges across various country contexts this has a direct impact on girls access to inclusive quality education a target of sdg4 and an indirect impact on many of their other human rights young girls are taking advantage of at a very young age and they do not understand the choices and the avenues whereby they can exercise their rights when it comes to sexual productive health and rights and so you find a lot of dropouts and a lot of girls also going through a lot of traumatic experiences that would be avoided if they had guidance promoting a safe and secure working environment for all is a cornerstone of sdg 8. this includes a workplace free from sexual harassment and violence but for many women especially women migrant workers and others in precarious employment this is far from reality so we went to naivasha which is a flower farm and we've met the informal workers the casual liberals working for the flower farms when for example the sexual violence cases are reported companies don't take them very seriously a wide range of tactics have been used to prevent and address violence against women and girls and to recognize it as a fundamental violation of human rights prevention of intimate partner violence is possible when interventions are informed by evidence of what works we started out by describing the problem we've now moved to research on what works what are the kinds of interventions that are successful both for preventing the problem from happening in the first place and also from interventions to respond the respect women framework on preventing violence against women developed by the who un women ohchr and other international agencies promotes seven strategies which focus on relationship skills strengthening empowerment of women services for health justice police and social sector poverty reduction environments made safer including schools workplaces and public spaces child and adolescence abuse prevented and transformation of gender attitudes beliefs and norms this action-oriented framework can enable policy makers and health implementers to design plan implement monitor and evaluate interventions and programs to prevent violence against women we have come a long way for sure we still have some ways to go and we need to do more to stop this violence from happening in the first place this involves addressing the social norms that still prevail in many settings that make this form of violence acceptable women are not exposed to gender-based violence by accident all because of an inbuilt vulnerability violence against women is rooted in discriminatory social norms and power dynamics dismantling these underlying causes of violence against women and girls is at the heart of achieving gender equality and empowering all women and girls as set out in the targets and indicators of sdg 5 ensuring healthy lives in sdg3 and reducing inequalities in sdg 10. women and men are valued differently society has heap privileges on the men while the women are looked at as subordinate power is not only the problem but also the solution to preventing violence against women we are making it personal everyone connects with power every day people living with power or grappling with power they find themselves within this whole conversation if you're working to create gnome change there has to be change at all levels strategies to raise awareness in communities about violence against women and girls are critical as there is still a lot of stigma and shame which inhibits many women and girls from talking about it intervention is like a big complicated word sometimes it's just about talking about dialogue i mean the fact that we went into schools and just began a conversation with parents um bringing them together in the school along with the school personnel and then having the conversation start from there and we also sort of train providers within schools to appropriately refer children to health facilities for care what we found was that this dialogue began to spark other conversations in the community and i guess they just felt that oh it's actually okay to talk about this openly rather than pretend that nothing is going on sassa is a community mobilization approach to prevent violence against women and hiv and aids it is activist led it's not workshop heavy based it comes away from the traditional programming of organizations going to do things themselves instead they support activists who do the activities with their friends and neighbors health systems play a critical role in responding to violence wherever it occurs supporting health workers to respond appropriately to violence as well as ensuring their work environment enables them to provide safe effective and quality survivor centred care are important strategies for better addressing violence against women and girls um we came to learn not to ask direct questions not to give our opinion or our judgment on them and let her speak and once with that flow starts once that connection is established that doctor-patient relationship emotionally is established she will actually tell you the whole history legal frameworks to promote enforce and monitor equality and non-discrimination on the basis of sex are an important sdg 5 indicator but putting laws in place does not automatically make them effective there are existing protections for women in the workplace or for individuals in the workplace in relation to harassment but we know from our call for evidence that they are not actually addressing the problem the recommendations that we developed included government implementing a mandatory duty for employers to take preventative steps to address harassment in the workplace so what we would like to see is government implement a much stronger legislative duty it has taken decades of struggle by the women's rights movement to persuade the international community to view violence against women as a human rights concern and a sustainable development priority not a private matter governments have obligations to respect protect and fulfill the right to a life free of violence and to provide for sanctions when they fail when seeking accountability the priority consideration must always be the safety and well-being of survivors respecting their wishes and autonomy and supporting them to make informed choices about the type of justice they want context is vitally important there are many strategies to hold perpetrators accountable including strategic litigation and public campaigns when the teachers impregnate the girls that means the system has failed and okay what they do is they blacklist the teachers and they are always removed from the payroll but we think that is not enough the case that was quite interesting is where one of the judges she did find a ruling against the teacher service commission the commission that is responsible for hiring teachers asking them that they must take responsibility and they were ordered to pay compensation to the girls who had gotten pregnant while in school the justice police issue came about a few years back when a young girl was raped and the punishment for her being ripped was that harappa she was gang-ripped and therapists were told to slash grass feminist organizations and young women organizations came back to the police and the police commissioner to ask and request that the people who are found to be perpetrators should be punished according to our constitution and according to the laws of the land and those are very big campaigns to get better justice so consequently they were jailed but also it was a sign that the system the police system had to be checked in terms of when someone reports a case any case of violence what happens and how is it followed through the maria pedra is another example of litigation that became a political mobilizer so this was a case from the inter-american commission that really galvanized a change in public policy a huge change because it was a case that addressed gender-based violence intimate partner violence it called on responsibility of brazil also for not having prevented this kind of violence the reality of a case that says you have the right to not be bruised you have the right to be free of physical psychological violence it's powerful it can change women's lives investing in autonomous women's movements has been one of the most important drivers of changes in laws and policies to address violence against women over the past 40 years according to data from over 70 countries women organizing to advance women's status define the very concept of violence against women raised awareness of the issue and put it on national and global policy agendas often we thought that it takes generations or centuries to change working intensely with the communities we can actually see change coming violence against women and girls is a violation of fundamental human rights to life and to physical and psychological integrity not to be tortured or treated in an inhuman and degrading way to respect for private and family life and the right not to be discriminated against this understanding is more than theoretical human rights-based tactics can offer a practical route to addressing systemic challenges across all the circumstances where violence against women and girls occurs including but not limited to at the hands of their partners at school and in the workplace by using evidence-informed prevention strategies addressing power relations and social norms community mobilizing and dialogue supporting health systems and professionals putting in place strong legal frameworks accessing justice and ending impunity feminist organizing and mobilizing every individual can help to deliver the 2030 agenda for sustainable development building a world in which women and girls are free from all forms of violence and discrimination [Music] you