The law enables fair treatment and dignity, safety, and privacy: This suggested amendment will safeguard the legal rights of the victim and victims and their families safety and the privacy is privileged. They base their conclusion on a small slice of data, behavior, and their stressful reactions. That being said, there are a lot of other pros to moving into a virtual space. That’s because the legal standard at times was that you had to turn your back on your assailant. The parliament is the supreme law-making body and common law is considered inferior to legislation made by the parliament. 8. Jordan Davis, an African-American teen killed in Florida, encountered a similar problem over the volume of his music. Two types of marriages are recognized in the state of Texas. Combatting criminal activity with technology has its pros and cons on both sides. It is a perspective that the Lawyers’ Committee for Civil Rights Under Law shares, stating that there is a disproportionate number of adverse effects that occur to people of color in society. Jon Stoltz, a veteran of the Iraq war, made this observation: “These laws give anyone with a gun more permissive rules of engagement in America’s communities than our troops have on the battlefield.”. 1. ... Cons – Some universities do not view A-Level Law favourably and may consider it as a soft subject or a ‘non-preferred’ subject, an example of such a university is LSE. These laws give individuals unfettered power and discretion. Cons: 1. 2. If the average person in the same situation would feel threatened, then the statute would apply. Common law often reacts and responds more quickly to changing social values, community expectation and so on. Laws and precedents may be obviously outdated and in need of reform – but until relevant criminal charges are laid or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed. The system is in a constant state of evolution, but with a decided emphasis favoring the maintenance of precedence (stare decisis). Antonio Gasparrini, a co-author of the study and an association professor at the London School of Hygiene and Tropical Medicine, says the reason seems to be a change in the perception of an incident. Pros: Bringing in military assistance, allowing them to quell unrest and imposing curfew will end rioting, pillaging and revolt effectively. But common law is also slow, reactive rather than proactive and made by individuals who are not elected or representative of the people. Those who would be at-risk for offending have a value proposition that must be considered. That’s why states like Florida prefer to err on the side of caution – it gives the benefit of the doubt to the victim. A person is justified with a stand your ground law to use or threaten to use deadly force if there is a reasonable belief that doing so is necessary to prevent great bodily harm or death to themselves or another person. The Pros and Cons of Common-Law Marriage. Limited dissemination: Copyrights are granted to the owner for a limited amount of time. When the costs of housing prisoners is considered, these key points must be carefully evaluated. program could benefit a … Cases like Trayvon Martin’s (which wasn’t a stand your ground case initially) make it seem like there would be more deaths in the future instead of less with this right given to the average person. It is easy to forget the reasons why the first stand your ground laws were enacted in the first place. It is a deterrent against crime. Agencies at all levels are investing in the latest and greatest technologies in order to better serve and protect their officers and communities. Between 2000 to 2005, the rate of violent crime dropped 12% in the state. A secondary function. “There’s nothing in this statute to protect people who are pursuing and confronting other people,” Baxley said. Even President Obama, who once said that the laws promoted violence, voted to expand the legislation when he was serving as a state senator in Illinois. A computer keyboard. 2. Cloud Computing Pros and Cons It removes any deterrent that might be available for firearm-related homicides because it offers a path to escape without penalty. Anyone engaging in criminal activity does not have a defense to stand on with this legislation when they attempt to harm you, but your self-defense actions allow for the legal justification for homicide. “Whether it’s trick-or-treaters or kids playing in the yard of someone who doesn’t want them there, or some drunk guy stumbling into the wrong house, you’re encouraging people to possibly use deadly physical force where it shouldn’t be used,” said former Miami Police Chief John Timoney. Parliamentarians are elected by and responsible to the people – but judges are appointed by the court system. List of the Pros of Being a Lawyer 1. Here are some pros and cons of voter ID laws. Because of this, the courts can implement law reforms that might be controversial or unpopular – reforms that might affect or even sabotage the government’s chances for election if they were initiated in the parliament. The role of judges and common law is to examine specific facts for each case, interpret relevant legislation and administer the law in line with these findings. This point of view is often expressed in the media, particularly during debates about sentencing. The Federal Juvenile Delinquency Act provides rules and procedures for local and state courts to follow when working with juvenile offenders, but each state imposes additional requirements. Even if there is a reasonable opportunity for them to do so, the person who feels a real or perceived threat can defend their right to be in a place where they are lawfully present. Cons of an UGMA/UTMA Account. Decline in Number of Law Enforcer – because of the cost being compensated to offenders, the state will cut gross resulting to fewer law enforcement officer recruit. What was most notable about their research was that in 2006 and 2006, the rates actually went up when compared to the 2005 numbers. The wording of acts of parliament is often broad and generic, providing general instruction on the law but not how it should work in certain situations. “Blacks make up 16.6% of Florida’s population,” notes John Lott, “but account for 31% of the defendants invoking the stand your ground defense. The courts can also achieve law reform faster because they are not bound by the political and procedural constraints of the legislative process. When you think about the advantages of a virtual law office, there’s a good chance you’re thinking about the price tag—which is, naturally, one of the most significant advantages. It’s a heavy standard to meet, but there are still instances when police and prosecutors can prove beyond a reasonable doubt that a person’s actions are an attempt to thwart the law. No-Fault Divorce Origins In 1953, Oklahoma ended its requirement for spouses to find fault in their marriage in order to divorce. It is the rule of heuristics, when people use unconscious, rapid decisions to create frequently accurate outcomes. If you think that it’s better to reduce evil and crimes as much as possible rather than giving criminals more chances, It’s very likely you’ll like it. Bible Commentary Bible Verses Devotionals Faith Prayers Coloring Pages Pros and Cons, 19 Biggest Pros and Cons of Trump Care (Donald Trump Health Care Bill), A Good Name Is Better than Riches Meaning and Meditation, 50 Compelling Bible Scriptures on Direction, Proverbs 11:14 Meaning of Lack of Guidance, Matthew 6:26 Meaning of Look at the Birds of the Air, 10 Powerful Prayers for Someone Who Has Hurt You, Wealth of the Wicked Meaning and Meditation, Matthew 5:32 Meaning of Makes Her the Victim of Adultery. 9. Flexibility. 5. Common law often reacts and responds more quickly to changing social values, community expectation and so on. Stand your ground laws apply only when there is no other option to retreat or the castle doctrine is in play. The conscious mind can override this approach, but it rarely does when danger is involved. 4) Legislation makes new law to the society. Common law takes some law-making pressure off parliament and allows for laws to respond to real-life situations. It may inspire others to take violent actions. A person must be in a place where they have a right to be in order for this statute to apply. It allows anyone to protect themselves from the commission of a crime. There may never be 100% agreement on both sides, but there are some places of common ground where some meaningful reforms may be possible. The Pros And Cons Of International Law 1522 Words | 7 Pages “International Law consists of the rules and principles of general application dealing with the conduct of States and international organizations in their international relations with one another and with private individuals, minority groups and transnational companies” (Beckman & Butte, 2013). Class Action Lawsuit Cons. The pros and cons of automatic organ donation. It causes people to act on their implicit biases. This concern was magnified in 2018 when Michael Drejka fatally shot a man who shoved and knocked him to the ground over a parking spot. 2. There are several pros and cons of stand your ground laws that are worth considering when looking at how it applies to specific situations. Like most aspects of law, common law has advantages and disadvantages. CONS •In a law firm, you could be around more lawyers. People make judgments about potential criminality quickly. The Supreme Court ruled unanimously that an innocent person under attack is not obliged to retreat. A big drawback is that all assets transferred into an UGMA account law are irrevocable transfers. The pros and cons of the three strikes law show that in theory, it could be a beneficial system. Unlike the parliament, the courts can only change common law ex post facto (‘after the fact’). When a white individual was the victim of homicide under the same circumstances, then 59% faced no penalty. Critics of the stand your ground laws say that its presence leads to a “shoot first, ask questions later” attitude. These individuals had a right to stand their ground, meet any attack upon them with a deadly weapon, and do so in such a way and with such force that they honestly believed it would save their life or protect against bodily injury. If it does not have a positive effect, then is it useful to keep the law on the books? The legislation makes it easier for individuals to pursue, shoot, or kill others without facing legal consequences. As judges consider both criminal and civil matters, they make decisions, deliver rulings and develop precedents. Violent crime declines were occurring before the implementation of stand your ground laws. 7. As the Chicago Tribune noted in October 2013, poor African-Americans who live in high-crime urban areas stand to benefit the most from these laws because it makes it easier to protect oneself when law enforcement cannot arrive fast enough. The advantage of contract law is that it allows the parties involved to search for solutions if there has been a breach of contract. Specificity. That’s why many people see these laws as a common sense way to eliminate the threat that victims face, either criminally or civilly, when protecting themselves of their family from harm. It does not always cover situations where your life is not threatened. Everyone can agree that making society safer is the ultimate goal of this approach and other self-defense statutes. The law as it was previously condemned many, some of … It allows anyone to protect themselves from the commission of a crime. Lack of review. Instead of having a duty to retreat as with other self-defense laws that include interactions in public, a person using a stand your ground law is not required to retreat from the situation. The implicit biases in the United States link African-Americans with negative concepts in the minds of the majority. The complete and timely recovery of the individual or entity convicted of a crime. This page summarises some of the advantages and disadvantages of common law. Here are some of the pros and cons of being a lawyer to consider. Stand your ground laws empower people to take action. Creating legislation is the main function of parliament, however, forming common law is not the main function of the courts. If you want your country to consider the hereafter, religion, and God; then it’s very likely you’ll like it. Lack of Control. In essence, the bill will most… Pros – Studying law at A-Level gives you a broad overview of the subject and enables you to experience what the subject itself is really about. Political independence. And, using servers to house firm data, as opposed to your computers’ hard drives, is a more efficient and practical way to store and manage your firm’s case-related information. The stand your ground laws apply when you are in a public place, not committing a crime, and you are not the attacker in that situation. Even Baxley admitted that he didn’t think that the legislation was the main reason for this outcome, but said it could be one of several reasons responsible for it. 1. As technology continues to evolve, law enforcement agencies are having to keep up. Here are the cases for and against outfitting local law enforcement with military-grade weapons: But as is true for most things, there are pros and cons to any no-fault divorce; it's important to appreciate its benefits and drawbacks before making the decision. Common law is faster, more flexible and responsive than parliamentary law. Adams was charged with first-degree murder for the crime. Dennis Baxley told MSNBC during a 2012 interview about Florida’s stand your ground laws that the state had seen a dramatic drop in the violent crime since the legislation’s implementation. At the end of the day, there are pros and cons of implementing the RH Law. Abortion, for example, has been permitted under common law in three States – but the parliaments in those States have refused to legislate on the matter.eval(ez_write_tag([[300,250],'lawgovpol_com-banner-1','ezslot_4',109,'0','0'])); Reactive, not proactive. Unforeseen cases. Corporate legal departments may be a single lawyer or a small group of lawyers. It can lead to an increase in homicides. They used a decade’s worth of data to look at the impact of the law from a criminal standpoint. 3. They cannot change the law of their own accord. A good deal of our civil law, such as torts and negligence, began life as common law. When people are in uncertain situations with little time to react, then they act upon this approach instead of trying to think logically about the situation. That’s why listening to rap music isn’t the same level of threat as someone who displays a weapon. Florida also shifts the burden to the state to prove that the shooter didn’t act in self-defense and therefore not be entitled to those immunities. That’s because the design of the law is to protect the people who are attacked without giving immunity or legal benefits to those who are aggressors. It is impossible for parliament to legislate for every possible problem, action or condition that might arise in society. Even of the information on racial bias is itself biased by those collected the data, the results of criminal activities are shared across various studies by groups from both sides of the political aisle. Additional Cost to Prison and Courts – Three strike law increased the operational cost of courts and prisons by up to 50%. That’s why mild aggression from an African-American is perceived as more threatening than the identical behavior from a white person. Common law can examine and develop responses to real-life situations. Operating a virtual law office has both pros and cons. “The people have a right to any type of weapon that they can legally obtain in order to protect themselves,” Carson wrote in his book A More Perfect Union. As soon as the time lapses, the copyrights are taken away from the owner and anyone can now produce and reproduce the works. There is also a 31.6% increase in the number of firearm-related homicides. The Tampa Bay Tribune collected 112 cases where people who were charged with murder decided to rely on the stand your ground laws as their defense. Similar to the point above about specifics, common law can also respond to cases, situations and facts that were not foreseen or anticipated by legislators. This fact leads to criticism of judges as being unaccountable to the people. There were 27 states that had some form of a stand your ground law in place as of 2018. The Pinellas County sheriff declined to arrest him because of the stand your ground law. Some stand your ground laws require that a person’s life be actually threatened before the doctrine of self-defense can apply. Pros of a Virtual Law Office. Pros, Cons of Pursuing a Law Degree if You Don't Plan to Practice Studying law is expensive and time-consuming, but the skills learned in a J.D. This protection also applies to police officers as they attempt to perform their duties. Although the death of Trayvon Martin has created an ongoing national debate about the morality and use of stand your ground laws, this legislation does allow anyone to prevent themselves from being harmed during the commission of a crime. Just like any law or rule, the exclusionary rule has its pros and cons, depending on your claims or lawsuit or side of the law you are on. Prosecuting war criminals: UN has helped in the establishment of international criminal law which can be used to convict war criminals. 5. Pros and cons of Cybercrimes Law. There is a lot of money required to file for the intellectual property. Even though there was a rise in justifiable homicides after the passage of the law in Florida, empowering people to stop bad things from happening can save hundreds of lives each year. On Wednesday last week, President Uhuru Kenyatta signed into law the computer misuse and cybercrimes bill 2018. One of the first instances of self-defense and stand your ground theology came from the Beard v U.S. case in 1895. If the parliament considers that common law is problematic or does not reflect the views of the people, it can legislate to abolish or change it. Precedents tend to be developed by senior judges in higher courts, which lends them authority and experience. There are numerous career options available to you in this field. The trends for crime in Florida also match what the United States experienced as a nation during that time – even in states where stand your ground laws were not enacted. Here are some additional pros and cons of a three strikes law to consider. If you are trespassing on someone’s property or are in the act of committing another crime, then you cannot claim this defense. 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