Legal Insight. Business Instinct.

Month: July 2021

General Article

It Is Necessary to Place Limits on Democracy in Order to Promote Human Rights?

It Is Necessary to Place Limits on Democracy in Order to Promote Human Rights?

Ex Justice Michael Kirby defines democracy in Australia as:

[a] sophisticated form of government which involves the general ability of the will of the majority to prevail but in a legal and social context in which the rights of vulnerable minorities are respected and defended

It must be argued that this succinct statement illustrates, expressly and implicitly, the potential for an inextricable relationship between democracy and human rights. The defending of human rights can only exist within a democracy, and conversely, the ability of anyone to raise their hand and claim a human right to be defended is a fundamental element of a democracy.

What are “human rights”? It must be argued that human rights are a mere concept, intangible ideals, principals within the realm of philosophy. The Universal Declaration of Human Rights says:

All human beings are born free and equal in dignity and rights

It must be argued that there is a distinct difference between the concept of human rights and the interpretation and application of human rights in a social context.

The interpretation of our human rights can be derived from the UDHR, other HR treaties and subsequently our own state and federal laws. However the language used in these instruments is left intentionally vague and ambiguous to allow different meanings to be inferred from the words. As time progresses and the nature of a normative society changes, values, deviant and moral actions change, the law changes slowly after to accommodate for the change in society. Drinking alcohol and driving is a good contemporary example of this. When talking about The Constitution Justice Kirby says:

The words [of the Constitution] take on their colour with the change in circumstance and attitudes

So we are able to apply the concept of rights to our society through the judicial and legislative processes, which are the checks and balances within a democratic system. For example, we have a right to free speech at Article 12:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

But does that mean we are allowed to say anything we want, wherever we want? It would have to be argued that we do not as various pieces of legislation have been enacted to stop “hate speech” and “defamation”. This must be argued to be a policy consideration and a formal social control mechanism. This illustrates how human rights in their purest form have restrictions put on them when applied in a social context. Anti-Terrorism legislation in Australia and across the world has seemingly trampled over human rights with arguably deplorable and undemocratic notions such as preventative detention and the abandonment of due process of law. However it should be argued that this type of legislation is a reaction to a real or perceived problem to preserve public safety. The question has to be asked if this is an acceptable trade. It was Benjamin Franklyn who wrote:

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

Is it necessary to restrict the democratic voting rights of offenders in prison? It must be argued that the democratic right of citizens of a country to have their say in the election process is a fundamental cornerstone of democracy and without it the country wouldn’t be a democracy. The Constitution Act implies this at s7 and s24 that the Senate and the House of Representatives be:

directly chosen by the people

It should be argued that the limits of this democratic process to certain members of society have been placed because of policy considerations involving social normative ideals. The “moral panic” drummed up in the press, fear and ignorance of the whole prison / rehabilitation process is a contributing factor.

It must be argued that the concept of eligibility is very important in the application of human rights in a democracy. Prisoners for example, are not eligible to vote, not eligible to liberty and so on. They have essentially lost the ability for those rights to be applied to them under certain circumstances for the sake of social order, punishment and protection. Does this concept of eligibility limit democracy? It should be argued that an action that is for the benefit of the majority of people and backed by the majority of people is a democratic action. As Justice Kirby says in the opening definition, democracy is the ability of the will of the majority to prevail.

What is “the majority”? The majority of any group is a complex and difficult question. There is the actual number of eligible voters, …

General Article

How A Criminal Attorney Is Able To Help You

How A Criminal Attorney Is Able To Help You

In the United States, criminal law is arguably the most complex area of law, since it comprises a wide range of concepts. As a result of this, there are a wide range of available attorneys that specialize in criminal defense. A good criminal attorney will advocate on behalf of their client in court and defend them to the best of their abilities against criminal charges.

Several offenses are deemed to be illicit and immoral in nature because of the gravity of their consequences. The most representative crimes falling under this legal area include homicide, assault, theft, drug trafficking and sexual offenses. Certain lawyers specialize in a specific kind of crime, whereas others widen their area of practice to include all illegal acts.

Choosing the right lawyer to represent you in your case is a decisive factor in whether you will succeed or not. As may be expected, there are various types of lawyers specializing in different areas, so choosing the right lawyer will mean greater efficiency and competence. A strong defense is much more likely when the lawyer you choose already has expertise in the defense of the crime you’re accused of.

When a person is arrested and charged with a criminal act, they will inevitably feel crushed by the harsh reality. Indeed, persons who go through such an ordeal often describe it as the most traumatic period in their lives. Furthermore, the family of the accused will also share the burden of fear and anxiety.

It therefore becomes crucial to appoint a reliable defense lawyer to take care of your legal issues in these troubled times. The shock will make an individual feel helpless and at a loss as to what to do, so having a lawyer by your side will allow you feel more at ease and confident that the matter is in a professional’s hands.

Apart from the emotional blow, a person facing such serious charges also has their reputation at stake. It is inevitable that when a person is arrested and accused, his record will suffer an indelible mark, which might well influence their life later on. It is only through a sound criminal defense that an individual can safeguard their reputation and professional credibility.

The most common fear of defendants is being sentenced to time in prison. Being forced to spend a period of time incarcerated will mean a harsh separation from loved ones, as well as a huge blow to one’s reputation. Most people faced with a criminal charge tend to panic and imagine themselves in jail before a criminal defense lawyer is hired. Fortunately, a good attorney will manage to eliminate the certainty of jail, or at least lessen the period which must be served.

Browsing the internet will help you make an informed choice in your time of need. Many lawyers today have their own website through which they can advertise to potential clients. Such websites will contain all the relevant information which prospective client would need. Certain lawyers also offer free consultation to anyone wishing to make use of such service in order to better understand his legal position in such an important time.…

General Article

Finding the Right DUI Defense Attorney Helps Reduce Effects

Finding the Right DUI Defense Attorney Helps Reduce Effects

If someone is charged with Driving Under the Influence (DUI) in Tampa, Florida, it is important that they obtain representation from a reputable Tampa DUI attorney. A charge of DUI will not only affect their criminal record and freedom, but their driver’s license, insurance rates, current employment, and possibly future employment. The penalties for DUI in the State of Florida are substantial, and a defendant needs an aggressive and experienced attorney to represent their interests.

Florida DUI Law

Florida law states operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or under the influence of chemical substances when affected to the extent normal faculties are impaired, is in violation of driving under the influence.

Test Refusal

Florida law requires suspension of the driver’s license for 12 months for the first offense and 18 months for any subsequent offense of refusing testing for alcohol or substances concerning driving under the influence.

Driver’s License Suspension

Upon a first offense, the driver’s license will be suspended for 6 months, 12 months for subsequent offenses, and for 18 months for a third subsequent charge.

At the time of license reinstatement, an administrative fee, reinstatement fee, license fee and an examination is required, as well as proof of liability insurance at the time of the arrest or liability coverage.

License Administrative Review Hearing

Beginning the date of your arrest, the accused has only 10 days to file for a formal review hearing before the Florida Department of Highway Safety and Motor Vehicles or face automatic license suspension for either 6, 12, or 18 months, depending on the situation. A Tampa DUI lawyer can prepare the necessary paperwork to request a review hearing in order to obtain a temporary driving permit.

If the individual waits to reinstate their license once the revocation period ends, they will be required to provide proof of enrollment or completion of DUI School and treatment, complete required examination, pay an administrative fee, reinstatement fee and any license fee, as well as provide proof of liability insurance on the date of arrest or liability coverage and a reinstatement fee.

Ignition Interlock Device

Upon conviction, the person could be required to have installed in their vehicle an ignition interlock device upon eligibility of reinstatement for a permanent or restricted driver’s license.

Experienced Tampa DUI lawyers can explain the options and guide them through the legal process. Depending on the circumstances, the charge maybe reduced or dismissed and the license returned to them as though it was never suspended.…

General Article

Is That Criminal Lawyer the Best?

Is That Criminal Lawyer the Best?

When selecting a criminal lawyer, numerous factors should make a difference in who you select. This person is going to represent you in a court of law. That means his or her actions are going to have a direct reflection on the outcome of your case and on you as well. For this reason, it is a very good idea to hire someone that you feel you can trust to help you through this legal situation. No matter how serious the charges are, it is critical for you to select the attorney that is going to impress you. If he or she does not have the ability to impress you, how will the attorney impress the court?

What Really Matters

As you consider the vast number of criminal lawyer firms available today, it is easy to believe that they are all the same. They are not. In fact, it is very common for individuals to find themselves overwhelmed with options and still be unable to choose. There are some qualities you will want to look for in these professionals. These things make the biggest difference in what they will actually be able to help you to accomplish.

– Is the attorney confident but not overconfident? You do not want to hire someone that has an ego two sizes too big. Rather, you want someone that knows his or her job and has the ability to win cases because of that confidence.

– You will want someone that is trustworthy. Do you trust your attorney? If there is any reason you cannot or do not trust him or her, look for someone else. You should have the utmost of faith in this provider.

– Your attorney should be someone you feel comfortable talking with and someone that is compassionate. They need to spend some time with you and help talk you through what is happening. The attorney that understands that this is a life changing event for you is one you can trust the most.

– Are they reliable? You will want to hire someone that shows up for appointments on time. You want to ensure the lawyer does what is promised.

– Is the provider one with a good reputation? If they are well known as a fair and honest lawyer, then you know they are someone you want to be associated with through this process.

A criminal lawyer can provide you with any type of help you need but the right one will help you to achieve the best possible outcome possible. That is something to strive for when you are considering the long list of providers available.…

General Article

Criminal Law Degree Programs

Criminal Law Degree Programs

Criminal law can be also named penal law can be used to refer to any of the bodies that rule different areas in an effort to impose punishment to individuals or persons that have failed to comply with the same.

Such punishment may vary with the severity of the crime that is being looked into. Sometimes, the severity of the crime might lead to the execution of the perpetrator.

A criminal law degree will help one to be able to understand the legal guidelines as well as the punishments that are given for breaking such laws in the different areas.

Different countries have different laws. For example, in most Muslim countries, they use the Sheria laws which are very strict.

Crimes like robbery are punished by the cutting off of the perpetrators hand while adultery is a very serious crime which leads to death by stoning.

If you want to study a law degree in such countries, this is what they will be learning.

When you compare such laws and their punishments to other countries, you will find that they are too strong because in some countries adultery is not a crime that can be punishable by law.

There are different ways that you can be able to study criminal law. You can choose to take an associate’s degree where you will be able to learn law enforcement, corrections, paralegal careers etc. which is normally completed in two years.

An associate’s degree however will have less training than a law degree.

This is why you will find most people will prefer to have a bachelor’s degree as they will be more qualified than when they have an associate’s degree.

Additionally, you can be able to qualify for various jobs such as social work, correctional treatment specialist.

You should also be aware that a normal bachelor’s criminal law degree might be gotten after about four years of study.

Once you have gotten this degree, you can be able to easily secure a job and then you can decide whether to continue to a master’s level or stay with the bachelor’s degree.

Doing a master’s program has got several benefits. The first benefit is that you will be qualified for higher and more challenging jobs than when you had a bachelor’s degree.

This means that you will have a wider experience when it comes to law matters. Secondly, you will also be able to earn far much more than when you had a bachelor’s degree.…

General Article

The Relationship Between a Recession and Crime

The Relationship Between a Recession and Crime

The UK, and much of the world is currently in recession. Crime is generally considered to rise during tough financial times, but in which ways and why?

As we know, unemployment increases dramatically during a recession. Businesses struggling or going under cause a spate of redundancies, meaning a large increase in unemployment. This inevitably leads to more cases of depression, which can lead to higher crime. The most obvious cases are drugs and alcohol. People suffering from depression often turn to drugs and alcohol for refuge. Increase in drug taking (a crime itself) leads to more drug related crime. Drug dealing will become more rife if demand is higher, and crime’s such as theft may be committed to feed drug habits. It is also more likely that people will commit crimes, such as those involving violence, if they are intoxicated by drugs or alcohol.

A recession leads to more debt. If people spiral into debt they are liable to become more desperate. This particularly increases crimes such as theft. People are more likely to steal so they can pay off their debts. They may also turn to other illegal ways to make money if they feel that there are no legitimate ways of earning.

Violence is another area that can increase during a recession. People are more liable to get angry when times are tough, and therefore are more likely to turn violent. People may be angry with their employer who has made them redundant, or the government because they don’t feel that they are being helped sufficiently, meaning they are generally more disgruntled with the world. People may also become more hostile towards each other. In particular those who are struggling may be angry towards those who are not. There has been a recent example of this in Ireland, where there were instances of violence towards some Romanian immigrants. The reason for this was attributed to some being angry that the immigrants had taken “their” jobs, although they were jobs local people hadn’t applied for at the time of the vacancies.

Family break ups are sometimes more likely to occur during a recession. Debt can cause stress within the family and lead to marriages breaking up. The break up of parents can have an effect on children. Although they mostly focus on those from low income one parent families, (usually where only one parent is financially responsible) statistics show that children from single parent families are 75% more likely to become a drug addict. They also show these children are 70% more likely to finish school without any qualifications. This is significant as a high percentage of crime is shown to be committed by those with a poor education.

There are many different aspects of a recession that can result in an increase in crime. Some are in obvious ways, such as theft to pay off debts, while others are less so involving a chain of events that may cause crime.

Andrew Marshall ©…

General Article

Why You Really Need A Lawyer When Filing For Divorce

Why You Really Need A Lawyer When Filing For Divorce

People go through a lot in their lives, but when it comes to events that need them to invoke to law in order to achieve their goals, finding a legal expert is the best thing to do. Having the need for an attorney can be borne out of many reasons. Some commit crimes, some are committed crimes against while some would simply want to lead a life of their own away from a spouse who may have been abusive. The reasons are endless, but when one wants to seek the protection of the law or to advance the full force of the law against another, hiring an attorney is always the best option.

A clear illustration of this need is a woman who wants to divorce her abusive husband and keep her children but ends up losing everything to him, including properties that she should have kept. And it’s all because she didn’t hire a divorce lawyer. Although not many people probably know it, it is possible to file for divorce without a lawyer. One can just go to the right authorities to file for such an action to be effected on their marriage. The problem with not hiring a lawyer, however, is that a situation could be so easily twisted by the other party to the extent that the one who files for divorce ends up with his goals unachieved.

In any divorce proceeding, the most important factor, at least, in upholding the interest of the people who are involved, is proper representation. In the case of the woman who didn’t get what she wanted out of the divorce she filed, even if she deserved the best of it, poor representation through an inefficient lawyer might have been the reason. Or the woman may not have hired a lawyer at all. In any legal battle, it is crucial that a lawyer is present so a party’s best interests may be put forward. Obviously, attorneys have the right education, training and experience in handling legal cases and if there are people who can handle these cases with utmost efficiency, it’s lawyers, no less.

A divorce case can even get more complicated when there are children and custody issues involved. This is the part that creates the worst anxieties for parents are going through this legal procedure. Thus, an attorney’s services will be greatly useful. Winning custody of children is a matter of proving which parent is better fit to perform his or her parenting roles. And only a trained and competent lawyer can do this job well. Many parents have lost custody of their children not because they were less worthy of keeping the kids but simply because they have not gotten the right representation through their divorce proceedings.…