1.
Property
–
In the abstract, property is that which belongs to or with something, whether as an attribute or as a component of said thing. In economics and political economy, there are three forms of property, private property, public property, and collective property. Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each partys will with regard to the property be clearly defined and unconditional, so as to distinguish ownership and this mediating relationship between individual, property and state is called a property regime. The distinction between property and private property is regarded as a confusion since different individuals often hold differing rights over a single object. An article of property may have physical and incorporeal parts, a title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. Often property is defined by the code of the sovereignty, and protected wholly or more usually partially by such entity. The standards of proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, some philosophers assert that property rights arise from social convention, while others find justifications for them in morality or in natural law. Property, in the first instance, is a thing-in-itself, when a person finds a thing and takes that thing into that persons possession and control, then that thing becomes a thing-for-you for that person. Generally, the ground and any buildings which are attached are considered real property, while movable goods. Also, property cannot be considered a concept, because in the first instance. Various scholarly disciplines may treat the concept more systematically, but definitions vary, positive law defines such rights, and the judiciary can adjudicate and enforce property rights. According to Adam Smith, the expectation of profit from improving ones stock of capital rests on private property rights, Capitalism has as a central assumption that property rights encourage their holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by law, in the expectation that this will produce more wealth. In his text The Common Law, Oliver Wendell Holmes describes property as having two fundamental aspects, the first, possession, can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second, title, is the expectation that others will recognize rights to control resource and he elaborates the differences between these two concepts, and proposes a history of how they came to be attached to persons, as opposed to families or to entities such as the church. Classical liberalism subscribes to the theory of property. They hold that each own their own life, it follows that one must own the products of that life
Property
–
Art
Property
–
Fields
2.
Court
–
Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is known as the judiciary. The place where a court sits is known as a venue, the practical authority given to the court is known as its jurisdiction – the courts power to decide certain kinds of questions or petitions put to it. It is also usual in the courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters. The term the court is used to refer to the presiding officer or officials. The judge or panel of judges may also be referred to as the bench. In the United States, and other common law jurisdictions, the court by law is used to describe the judge himself or herself. In the United States, the authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction. The English word court is a cognate of the Latin word hortus, the verb to court, meaning to win favor, derives from the same source since people traveled to the sovereigns court to win his favor. The word jurisdiction comes from juris and dictio, jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory. Whether a given court has jurisdiction to preside over a case is a key question in any legal action. Three basic components of jurisdiction are jurisdiction over the person (personal jurisdiction, jurisdiction over the subject matter or thing. Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, trial courts are courts that hold trials. Sometimes termed courts of first instance, trial courts have varying original jurisdiction, trial courts may conduct trials with juries as the finders of fact or trials in which judges act as both finders of fact and finders of law. Juries are less common in court systems outside the Anglo-American common law tradition, appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions, the two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions, civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled Corpus iuris civilis. Civil law is firmly ensconced in the French and German legal systems, Common law courts were established by English royal judges of the Kings Council after the Norman Invasion of Britain in 1066
Court
–
A trial at the
Old Bailey in
London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermann's Microcosm of London (1808–11).
3.
County jail
–
Besides their use for punishing crimes, jails and prisons are frequently used by authoritarian regimes against perceived opponents. Prisons often have facilities that are designed with long term confinement in mind in comparison to jails. In times of war, prisoners of war or detainees may be detained in prisons or prisoner of war camps. The use of prisons can be traced back to the rise of the state as a form of social organization, corresponding with the advent of the state was the development of written language, which enabled the creation of formalized legal codes as official guidelines for society. The best known of early legal codes is the Code of Hammurabi. Some Ancient Greek philosophers, such as Plato, began to develop ideas of using punishment to reform instead of simply using it as retribution. Imprisonment as a penalty was used initially for those who could not afford to pay their fines, eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in Ancient Athens was known as the desmoterion, the Romans were among the first to use prisons as a form of punishment, rather than simply for detention. A variety of existing structures were used to house prisoners, such as cages, basements of public buildings. One of the most notable Roman prisons was the Mamertine Prison, the Mamertine Prison was located within a sewer system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions, contaminated with human waste. Forced labor on public projects was also a common form of punishment. In many cases, citizens were sentenced to slavery, often in ergastula, during the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. Another common punishment was sentencing people to slavery, which involved chaining prisoners together in the bottoms of ships. However, the concept of the modern prison largely remained unknown until the early 19th-century, Punishment usually consisted of physical forms of punishment, including capital punishment, mutilation, flagellation, branding, and non-physical punishments, such as public shaming rituals. However, an important innovation at the time was the Bridewell House of Corrections, located at Bridewell Palace in London and these houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, inmates were given jobs, and through prison labor they were taught how to work for a living, by the end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace. From the late 17th century and during the 18th century, popular resistance to public execution, rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration, often with hard labor, the prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies
County jail
–
Cell block in
Baghdad Central Prison (
Abu Ghraib,
Iraq)
County jail
–
Criminology and
penology
County jail
–
A common punishment in
Early Modern Europe was to be made a
galley slave. The galley pictured here belonged to the Mediterranean fleet of
Louis XIV, c. 1694.
County jail
–
Women in England mourning their lovers who are soon to be transported to
Botany Bay, 1792.
4.
Trial (law)
–
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court, the tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, trials can also be divided by the type of dispute at issue. A criminal trial is designed to resolve accusations brought against an accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury, because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials, a civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity, the rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more formal trial settings, when the dispute goes to judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings is governed by administrative law, labor law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees, in Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no distinction is made. However, there are two categories of labour law. First, collective labour law relates to the relationship between employee, employer and union. Second, individual labour law concerns employees rights at work and through the contract for work, the labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution, there are two primary systems for conducting a trial, Adversarial, In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence. In several jurisdictions in more cases, there is a jury to determine the facts. This polarizes the issues, with each competitor acting in its own self-interest, to maintain fairness, there is a presumption of innocence, and the burden of proof lies on the prosecution
Trial (law)
–
Trial of
Jean II, Duke of Alençon, October 1458.
Trial (law)
–
A trial in the United States. The
judge is seated at the front of the room.
Trial (law)
–
The
Old Bailey in
London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834.
5.
Crime
–
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
Crime
Crime
–
Criminology and
penology
Crime
–
The spiked heads of executed criminals once adorned the gatehouse of the medieval
London Bridge.
6.
Legislatures
–
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments, in the separation of model, they are often contrasted with the executive. Laws enacted by legislatures are known as legislation, legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The members of a legislature are called legislators, each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a number of legislators present to carry out these activities. Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of small selections of the legislators. The members of a legislature usually represent different political parties, the members from each party generally meet as a caucus to organize their internal affairs, the internal organization of a legislature is also shaped by the informal norms that are shared by its members. Legislatures vary widely in the amount of power they wield, compared to other political players such as judiciaries, militaries. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures, such a system renders the legislature more powerful. Legislatures will sometime delegate their legislative power to administrative or executive agencies, legislatures are made up of individual members, known as legislators, who vote on proposed laws. For example, a legislature that has 100 seats has 100 members, by extension, an electoral district that elects a single legislator can also be described as a seat, as, for, example, in the phrases safe seat and marginal seat. In parliamentary systems of government, the executive is responsible to the legislature which may remove it with a vote of no confidence, names for national legislatures include parliament, congress, diet and assembly. A legislature which operates as a unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral. In bicameral legislatures, one chamber is considered the upper house. In federations, the upper house typically represents the component states. This is a case with the legislature of the European Union. Tricameral legislatures are rare, the Massachusetts Governors Council still exists, tetracameral legislatures no longer exist, but they were previously used in Scandinavia. Legislatures vary widely in their size, among national legislatures, Chinas National Peoples Congress is the largest with 2987 members, while Vatican Citys Pontifical Commission is the smallest with 7
Legislatures
–
The
Congress of the Republic of Peru, the country's national legislature, meets in the
Legislative Palace in 2010.
7.
Capital punishment
–
Capital punishment, also known as the death penalty, is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, etymologically, the term capital in this context alluded to execution by beheading. Fifty-six countries retain capital punishment,103 countries have abolished it de jure for all crimes, six have abolished it for ordinary crimes. Capital punishment is a matter of controversy in various countries and states. In the European Union, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment, also, the Council of Europe, which has 47 member states, prohibits the use of the death penalty by its members. The United Nations General Assembly has adopted, in 2007,2008,2010,2012 and 2014, non-binding resolutions calling for a moratorium on executions. Although most nations have abolished capital punishment, over 60% of the population live in countries where executions take place, such as China, India. Execution of criminals and political opponents has been used by nearly all societies—both to punish crime, in most countries that practise capital punishment it is reserved for murder, terrorism, war crimes, espionage, treason, defection or as part of military justice. In many countries use the death penalty, drug trafficking is also a capital offence. In China, human trafficking and serious cases of corruption are punished by the death penalty, in militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny. The use of formal execution extends to the beginning of recorded history, most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment, usually, compensation and shunning were enough as a form of justice. The response to crime committed by neighbouring tribes or communities included a formal apology, a blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of a system based on state or organized religion. It may result from crime, land disputes or a code of honour, acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies that injury to property, rights, or the person will not go unpunished. However, in practice, it is difficult to distinguish between a war of vendetta and one of conquest. Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context, compensation was based on the principle of substitution which might include material compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, the person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals
Capital punishment
–
Anarchist
Auguste Vaillant guillotined in France in 1894
Capital punishment
–
Hanged, drawn and quartered: the execution of
Hugh Despenser the Younger, as depicted in the
Froissart of Louis of Gruuthuse
Capital punishment
–
The Christian Martyrs' Last Prayer, by
Jean-Léon Gérôme (1883).
Roman Colosseum.
Capital punishment
–
Giovanni Battista Bugatti, executioner of the
Papal States between 1796 and 1865,
carried out 516 executions (Bugatti pictured offering
snuff to a condemned prisoner).
Vatican City abolished
its capital punishment statute in 1969.
8.
Bail bondsman
–
Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often securing their customers release in just a few hours. Bail bond agents are almost exclusively found in the United States and its former commonwealth, in most other countries the practice of bounty hunting is illegal. The industry is represented by trade associations, with the American Bail Coalition forming an umbrella group in the United States. The first modern bail bonds business in the U. S. McDonough in San Francisco in 1898, however, clay tablets from ca.2750 BCE describe surety bail bond agreements made in the Akkadian city of Eshnunna in what is today modern Iraq. Citizens were released from jail by having an indemnitor pay a sum in currency, stone carvings place these events at over 4,000 years ago. Based on 1996 figures, one quarter of all released felony defendants fail to appear at trial, the bond agent usually has an arrangement with an insurance company, bank or another credit provider to draw on such security, even during hours when the bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court every time a new defendant is bailed out, the laws on bail bonds are generally inconsistent throughout the United States. Federal laws affecting it include the Eighth Amendment to the United States Constitution and the Bail Reform Act of 1984, the Uniform Criminal Extradition Act sponsored by the Uniform Law Commission is widely adopted. All bail bond agents have lengthy bail bond agreements, all agreements in California are to be verified and certified by the California Department of Insurance. Most bail bond agreements are given to the bond agents by their insurers. There are 18 states where theoretically anyone can become a recovery agent. In most jurisdictions, bond agents have to be licensed to carry on business within the state, there are some more seemingly unlikely organizations that often provide bail bonds. AAA, for instance, will extend its auto coverage to include local bail bonds for traffic related arrests. This provides a service to their members, and frees the member from needing immediate cash. Long time bail agents have said that they have never posted a bond through AAA. AAA drivers who are stopped for traffic infractions are given tickets and this fee is not refundable and represents the bond agents compensation for their services. In Connecticut, bail bond costs are set by the Connecticut Insurance Department, a bondsman can arrange a payment plan with a minimum 35% down payment. Any unpaid balance must be paid within 15 months from the time of bail, in some states such as Florida, this is not the case
Bail bondsman
–
A "24 hours a day" bail bonds office opposite the
Contra Costa County Detention Center in
Martinez, CA
9.
Rights
–
Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. According to the Stanford Encyclopedia of Philosophy, rights structure the form of governments, the content of laws, there is considerable disagreement about what is meant precisely by the term rights. One way to get an idea of the understandings and senses of the term is to consider different ways it is used. Natural rights are rights which are natural in the sense of not artificial, not man-made, as in rights deriving from deontic logic, from human nature, or from the edicts of a god. They are universal, that is, they apply to all people and they exist necessarily, inhere in every individual, and cant be taken away. For example, it has argued that humans have a natural right to life. These are sometimes called moral rights or inalienable rights, legal rights, in contrast, are based on a societys customs, laws, statutes or actions by legislatures. An example of a right is the right to vote of citizens. Citizenship, itself, is considered as the basis for having legal rights. Legal rights are called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning. Some thinkers see rights in one sense while others accept that both senses have a measure of validity. There has been considerable debate about these senses throughout history. A claim right is a right which entails that another person has a duty to the right-holder. In logic, this idea can be expressed as, Person A has a claim that person B do something if, every claim-right entails that some other duty-bearer must do some duty for the claim to be satisfied. This duty can be to act or to refrain from acting, likewise, in jurisdictions where social welfare services are provided, citizens have legal claim rights to be provided with those services. A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to do something and this can be expressed in logic as, Person A has a privilege to do something if and only if A has no duty not to do that something. Likewise, if a person has a right against someone else. For example, a person has a liberty right to walk down a sidewalk and can decide whether or not to do so
Rights
–
Rights are widely regarded as the basis of law, but what if laws are bad? Some theorists suggest
civil disobedience is, itself, a right, and it was advocated by thinkers such as
Henry David Thoreau,
Martin Luther King, Jr., and
Mohandas Karamchand Gandhi.
Rights
–
According to some views, certain rights derive from
God or
Nature
Rights
–
A
deed is an example of a claim right in the sense that it asserts a right to own land. This particular deed dates back to 1273.
Rights
–
Do groups have rights? Some argue that when soldiers bond in
combat, the group becomes like an organism in itself and has rights which trump the rights of any individual soldier.
10.
CZK
–
The koruna is the currency of the Czech Republic since 1993, and in English it is sometimes referred to as Czech crown. The koruna is one of European Unions 11 currencies, and the Czech Republic is legally bound to adopt the currency in the future. The official name in Czech is koruna česká, the ISO4217 code is CZK and the local acronym is Kč, which is placed after the numeric value. One koruna equals 100 haléřů, but haléře have been withdrawn, in 1892, the Austro-Hungarian krone replaced the Gulden, at the rate 1 Gulden =2 crowns. The name Krone was invented by the emperor, Franz Joseph I of Austria, after Austria-Hungary dissolved in 1918, the only successor state that kept the name of the currency, the crown, was Czechoslovakia. In the late 1920s, the Czechoslovak crown was the hardest currency in Europe, during the Second World War, the currency on the occupied Czech territory was artificially weakened. The Czechoslovak crown was restored after the war and it underwent a highly controversial monetary reform in 1953. The Czech koruna replaced the Czechoslovak koruna when it was introduced in 1993 after the dissolution of Czechoslovakia and it first consisted of overstamped 20,50,100,500, and 1000 Czechoslovak koruna banknotes, but a new series was properly introduced in 1993. In November 2013, the Czech National Bank has intervened to weaken the exchange rate of the koruna through a monetary stimulus in order to stop the currency from excessive strengthening, in late 2016, the CNB stated that the return to conventional monetary policy was planned for mid-2017. After high-than-expected inflation and other figures, the bank removed the floor on a special monetary meeting on April 6th,2017. Avoiding significant volatility, the koruna gradually strengthened 1. 55% on that day, the Czech Republic planned to adopt the euro in 2010, but its government suspended that plan indefinitely in 2005. Although the country is well positioned to adopt the euro. According to a survey conducted in April 2014, only 16% of the Czech population was in favour of replacing the koruna with euro. In 1993, coins were introduced in denominations of 10,20 and 50 haléřů,1,2,5,10,20 and 50 korun, in 2000, the 10 and 20 korun coins were minted with different obverses to commemorate the Millennium. In 1993 &1994 coins were minted in Winnipeg and Hamburg, all circulation coins were designed by Ladislav Kozak. Since 1997, sets for collectors are also issued yearly with proof quality coins, theres also a tradition of issuing commemorative coins – including silver and gold coins – for numismatic purposes. For a complete listing see, Commemorative coins of the Czech Republic, the first Czech banknotes issued on 8 February 1993 consisted of Czechoslovak notes with adhesive stamps affixed to them. Only the 100,500 and 1000 korun denominations were overstamped, each stamp bears a Roman and Arabic number identifying the denomination of the banknote to which it is affixed
CZK
–
koruna banknotes as of 2014
11.
David Rath
–
David Rath is a Czech physician and politician who served as Minister of Health from 2005 to 2006. He was a member of the Czech Social Democratic Party until 16 May 2012 when he resigned after being charged with bribery. He also served as Member of Parliament from 2006 to 2013, first as representative from Prague, Rath completed his medical degree at Charles University in Prague in 1990. He practiced internal medicine at General Teaching Hospital in Prague, then in Kralupy nad Vltavou he worked for the Samaritan Association. He returned to Prague and joined the medicine faculty at Charles University in 1995. From 1998 to 2005 Rath served as the president of the Czech Doctors Chamber, in 1994 Rath joined the Civic Democratic Party. In 1995 he formed the Medical Action Group within the party, as director of the Physicians Union Club Rath initiated the November 1996 doctors strike. In 1996 he was vice-chairman of the Free Democrats - Liberal National Socialist Party coalition, in November 2005, the Prime Minister at the time, Jiří Paroubek, appointed him health minister. He was directed to fix the finances of the troubled Czech health system, macek was later fined for having initiated the violence by slapping Rath on the back of the head prior to delivering a speech at the conference. In September 2006, Rath was succeeded by Tomáš Julínek as Minister of Health for the Czech Republic, Rath was then elected chairman of the Health Committee of the Czech Chamber of Deputies. In May 2012, he was arrested and charged with receiving bribes, at that time, he served both as a Member of Parliament of the Czech Republic and Governor of the Central Bohemian Region. On 23 July 2015, he was sentenced to eight and a half years in prison, however, charges in a second bribery case are still pending
David Rath
–
David Rath
12.
Remand in the Czech Republic
–
Remand or pre-trial detention or provisional detention is the process of keeping a person who has been arrested in custody before conviction. Those charged with serious crimes may be held in a prison until trial or sentencing. Varying terminology is used, but remand is generally used in common law jurisdictions, continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, in liberal democracies pre-trial detention is usually subject to safeguards, the pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the court then has a further 24 hours either to order a custody, or to release the person detained. Detailed rules of detention are included in the Criminal Procedural Code, the police may arrest and detain a suspect after obtaining prosecutors consent. In an urgent case the police may detain a suspect without the consent, in both cases, however, the police detention may take place only when grounds for pre-trial detention exist. The statutory limits of 48 +24 hours must be complied with and reaching the limit should aways trigger immediate release. The perpetrator must immediately be handed over to the police, or when that is not possible, in the United States, a person is protected by the federal constitution from being held in prison unlawfully. The right to have ones detention reviewed by a judge is called habeas corpus, Constitution states that The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. A declaration of a state of emergency can suspend the right to habeas corpus, the Sixth Amendment requires criminal defendants to be informed of the nature and cause of the accusation. The U. S. Bill of Rights thus grants some protection against being held without criminal charge, federal authorities have also exercised the power to arrest people on the basis of being a material witness. Involuntary commitment of the mentally ill is another category of detention without criminal prosecution, the scope of such detentions is also limited by the Bill of Rights. Administrative detention, a term applied to many of these categories, is used to imprison illegal immigrants. Häktning is a pre-trial supervision measure pursuant to Swedish law, meaning that a suspect can be detained by a court in the case of crimes for which there is a term of one year or more. There are two degrees of suspicion, reasonable suspicion, or probable cause, the identity of the suspect is not established, if he refuses to say it or has given a false identity. A person may be held in custody for a period of not more than 14 days. For suspect who has not yet turned 18 needed serious reasons for detention decisions are to be notified of the court, a person, with less serious crimes, they are given by prosecutors a summary penalty order
Remand in the Czech Republic
–
Lady Justice —allegory of justice—statue at court building in
Olomouc
Remand in the Czech Republic
–
Czech Police station in
Teplice
Remand in the Czech Republic
–
Olomouc remand prison
Remand in the Czech Republic
–
Buses of the Czech prison service are characterized by its white-violet color scheme and absence of windows in the prison section
13.
Czech Republic
–
The Czech Republic, also known as Czechia, is a nation state in Central Europe bordered by Germany to the west, Austria to the south, Slovakia to the east and Poland to the northeast. The Czech Republic covers an area of 78,866 square kilometres with mostly temperate continental climate and it is a unitary parliamentary republic, has 10.5 million inhabitants and the capital and largest city is Prague, with over 1.2 million residents. The Czech Republic includes the territories of Bohemia, Moravia. The Czech state was formed in the late 9th century as the Duchy of Bohemia under the Great Moravian Empire, after the fall of the Empire in 907, the centre of power transferred from Moravia to Bohemia under the Přemyslid dynasty. In 1002, the duchy was formally recognized as part of the Holy Roman Empire, becoming the Kingdom of Bohemia in 1198 and reaching its greatest territorial extent in the 14th century. Following the Battle of Mohács in 1526, the whole Crown of Bohemia was gradually integrated into the Habsburg Monarchy alongside the Archduchy of Austria, the Protestant Bohemian Revolt against the Catholic Habsburgs led to the Thirty Years War. After the Battle of the White Mountain, the Habsburgs consolidated their rule, reimposed Roman Catholicism, the Czech part of Czechoslovakia was occupied by Germany in World War II, and was liberated in 1945 by the armies of the Soviet Union and the United States. The Czech country lost the majority of its German-speaking inhabitants after they were expelled following the war, the Communist Party of Czechoslovakia won the 1946 elections. Following the 1948 coup détat, Czechoslovakia became a one-party communist state under Soviet influence, in 1968, increasing dissatisfaction with the regime culminated in a reform movement known as the Prague Spring, which ended in a Soviet-led invasion. Czechoslovakia remained occupied until the 1989 Velvet Revolution, when the communist regime collapsed, on 6 March 1990, the Czech Socialistic Republic was renamed to the Czech Republic. On 1 January 1993, Czechoslovakia peacefully dissolved, with its constituent states becoming the independent states of the Czech Republic and the Slovak Republic. The Czech Republic joined NATO in 1999 and the European Union in 2004, it is a member of the United Nations, the OECD, the OSCE, and it is a developed country with an advanced, high income economy and high living standards. The UNDP ranks the country 14th in inequality-adjusted human development, the Czech Republic also ranks as the 6th most peaceful country, while achieving strong performance in democratic governance. It has the lowest unemployment rate in the European Union, the traditional English name Bohemia derives from Latin Boiohaemum, which means home of the Boii. The current name comes from the endonym Čech, spelled Cžech until the reform in 1842. The name comes from the Slavic tribe and, according to legend, their leader Čech, the etymology of the word Čech can be traced back to the Proto-Slavic root *čel-, meaning member of the people, kinsman, thus making it cognate to the Czech word člověk. The country has traditionally divided into three lands, namely Bohemia in the west, Moravia in the southeast, and Czech Silesia in the northeast. Following the dissolution of Czechoslovakia at the end of 1992, the Czech part of the former nation found itself without a common single-word geographical name in English, the name Czechia /ˈtʃɛkiə/ was recommended by the Czech Ministry of Foreign Affairs
Czech Republic
–
Přemysl Ottokar II,
King of Bohemia (1253–1278) and
Duke of Austria (1251–1278)
Czech Republic
–
Flag
Czech Republic
–
The
Crown of Saint Wenceslas is the 4th oldest in Europe
Czech Republic
–
The
Defenestration of Prague sparked the
Thirty Years' War
14.
Grievous bodily harm
–
Grievous Bodily Harm is a 1988 Australian crime film directed by Mark Joffe starring Colin Friels and John Waters. Crime reporter Tom Stewart and a cop look for a schoolteacher who goes on a murder spree while looking for the lover he thought to be dead. John Waters as Morris Martin Colin Friels as Tom Stewart Bruno Lawrence as Det, errol Sullivan showed the script to Richard Brennan, who raised up to around a $1 million of the budget, the remainder was raised through Antony I. Richard Brennan says the actual cost of the film was $3 million, the film was nominated for 4 AFI Awards in 1988, including best picture. Grievous Bodily Harm grossed $82,267 at the box office in Australia, however it did sell to American company Fries Entertainment for over $1 million. Cinema of Australia Murray, Scott, ed. Australian Cinema, Grievous Bodily Harm at the Internet Movie Database Grievous Bodily Harm at the Australian screen Grievous Bodily Harm at Oz Movies
Grievous bodily harm
15.
Alternatives to incarceration
–
An alternative to incarceration is any kind of punishment or treatment other than time in prison or jail that can be given to a person who is convicted of committing a crime. Alternatives can take the form of punishment, exile, fines, restorative justice, corporal punishment, transformative justice. The United States’ prison population topped 2 million inmates for the first time in history on June 30,2002, by this time, America’s jails held 1 in every 142 U. S. residents. Since 1997, there has been a 5. 4% increase in prison inmates, the prison abolition movement attempts to eliminate prisons and the prison system. Prison abolitionists see the prisons as a way to decrease crime. They also believe the modern criminal justice system to be racist, sexist, one of the many arguments made for prison abolition is that the majority of people accused of crime cannot afford to pay a lawyer. The Anarchist Black Cross was a key group involved in the abolition movement that still persists today. A variety of proposed alternatives to prisons arose from the abolition movement. The prison reform and alternatives to incarceration has been supported by the United Nations Office on Drugs. The UNODC highly encourages member nations to adopt alternatives to incarceration, dropping the traditional ways to punishment such as imprisonment, imprisonment often takes away the basic liberties of human rights as declared in the Universal Declaration of Human Rights. Many inmates in the U. S. prison system have voiced the inhumane conditions that they were subjected to during their time, for those who have experience sexual abuse, the obligatory search brings up traumatic experiences and episodes. Similar to this example, many inmates are subjected to unfair treatments, the socioeconomic situations of nations are thus greatly impacted. Mass incarceration has been found to decrease the economic circumstances of families. With the increase and spike of incarceration rates, many continue to fall below the official poverty rate. Statistics from a study of released inmates show that populations are finding difficulty to re-integrate back into the society and this is due in part from the overcrowding of jail cells and the high concentration of diseases and substance abuse. The environment that most of these inmates are exposed to is not an influence for motivation to change for the better. Rearrest rates in addition to newly convicted individuals, add on to the burden of taxpayers, financial circumstances are not the only factor affected when one is imprisoned. However, their conditions only continue to worsen after their time at penal institutions, due to the increased, overcrowded populations of prisons and the lack of medical personnels, many of the prisoners conditions deteriorate
Alternatives to incarceration
–
USA incarceration timeline
16.
Middle Ages
–
In the history of Europe, the Middle Ages or Medieval Period lasted from the 5th to the 15th century. It began with the fall of the Western Roman Empire and merged into the Renaissance, the Middle Ages is the middle period of the three traditional divisions of Western history, classical antiquity, the medieval period, and the modern period. The medieval period is subdivided into the Early, High. Population decline, counterurbanisation, invasion, and movement of peoples, the large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the seventh century, North Africa and the Middle East—once part of the Byzantine Empire—came under the rule of the Umayyad Caliphate, although there were substantial changes in society and political structures, the break with classical antiquity was not complete. The still-sizeable Byzantine Empire survived in the east and remained a major power, the empires law code, the Corpus Juris Civilis or Code of Justinian, was rediscovered in Northern Italy in 1070 and became widely admired later in the Middle Ages. In the West, most kingdoms incorporated the few extant Roman institutions, monasteries were founded as campaigns to Christianise pagan Europe continued. The Franks, under the Carolingian dynasty, briefly established the Carolingian Empire during the later 8th, the Crusades, first preached in 1095, were military attempts by Western European Christians to regain control of the Holy Land from Muslims. Kings became the heads of centralised nation states, reducing crime and violence, intellectual life was marked by scholasticism, a philosophy that emphasised joining faith to reason, and by the founding of universities. Controversy, heresy, and the Western Schism within the Catholic Church paralleled the conflict, civil strife. Cultural and technological developments transformed European society, concluding the Late Middle Ages, the Middle Ages is one of the three major periods in the most enduring scheme for analysing European history, classical civilisation, or Antiquity, the Middle Ages, and the Modern Period. Medieval writers divided history into periods such as the Six Ages or the Four Empires, when referring to their own times, they spoke of them as being modern. In the 1330s, the humanist and poet Petrarch referred to pre-Christian times as antiqua, leonardo Bruni was the first historian to use tripartite periodisation in his History of the Florentine People. Bruni and later argued that Italy had recovered since Petrarchs time. The Middle Ages first appears in Latin in 1469 as media tempestas or middle season, in early usage, there were many variants, including medium aevum, or middle age, first recorded in 1604, and media saecula, or middle ages, first recorded in 1625. The alternative term medieval derives from medium aevum, tripartite periodisation became standard after the German 17th-century historian Christoph Cellarius divided history into three periods, Ancient, Medieval, and Modern. The most commonly given starting point for the Middle Ages is 476, for Europe as a whole,1500 is often considered to be the end of the Middle Ages, but there is no universally agreed upon end date. English historians often use the Battle of Bosworth Field in 1485 to mark the end of the period
Middle Ages
–
The
Cross of Mathilde, a
crux gemmata made for
Mathilde, Abbess of Essen (973–1011), who is shown kneeling before the Virgin and Child in the
enamel plaque. The body of Christ is slightly later. Probably made in
Cologne or
Essen, the cross demonstrates several medieval techniques:
cast figurative sculpture,
filigree, enamelling, gem polishing and setting, and the reuse of Classical
cameos and
engraved gems.
Middle Ages
–
A late Roman statue
depicting the four Tetrarchs, now in
Venice
Middle Ages
–
Coin of
Theodoric
Middle Ages
–
Mosaic showing
Justinian with
the bishop of
Ravenna, bodyguards, and courtiers
17.
Sovereignty
–
Sovereignty is understood in jurisprudence as the full right and power of a governing body to govern itself without any interference from outside sources or bodies. In political theory, sovereignty is a term designating supreme authority over some polity. It is a basic principle underlying the dominant Westphalian model of state foundation, derived from Latin through French souveraineté, its attainment and retention, in both Chinese and Western culture, has traditionally been associated with certain moral imperatives upon any claimant. The concept of sovereignty has been discussed throughout history, and is still actively debated and it has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment. The current notion of state sovereignty contains four aspects consisting of territory, population, authority, Sovereignty is a hypothetical trade, in which two potentially conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy. The Roman jurist Ulpian observed that, The imperium of the people is transferred to the Emperor, the Emperor is not bound by the law. Emperor is the law making and abiding force, Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, although he did not use the term expressly. Classical Ulpians statements were known in medieval Europe, but sovereignty was an important concept in medieval times, Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy. Furthermore, both were strongly constrained by custom, Sovereignty existed during the Medieval Period as the de jure rights of nobility and royalty, and in the de facto capability of individuals to make their own choices in life. 1380–1400, the issue of sovereignty was addressed in Geoffrey Chaucers Middle English collection of Canterbury Tales. The story revolves around the knight Sir Gawain granting to Dame Ragnell, his new bride, what is purported to be wanted most by women and we desire most from men, From men both lund and poor, To have sovereignty without lies. For where we have sovereignty, all is ours, Though a knight be ever so fierce and it is our desire to have master Over such a sir. Jean Bodin, partly in reaction to the chaos of the French wars of religion, in his 1576 treatise Les Six Livres de la République Bodin argued that it is inherent in the nature of the state that the sovereign must have both great and perpetual authority. Bodin rejected the notion of transference of sovereignty from people to the ruler, however, although he is often connected with absolutism, Bodin held some moderate opinions on how government should in practice be carried out. Thus, Bodin’s sovereign was restricted by the law of the state. Bodin believed that “the most divine, most excellent, and the form most proper to royalty is governed partly aristocratically and partly democratically”. With his doctrine that sovereignty is conferred by law, Bodin predefined the scope of the divine right of kings. During the Age of Enlightenment, the idea of sovereignty gained both legal and moral force as the main Western description of the meaning and power of a State
Sovereignty
–
The frontispiece of
Thomas Hobbes '
Leviathan, depicting the Sovereign as a massive body wielding a
sword and
crozier and composed of many
individual people.
18.
Charles I of England
–
Charles I was monarch of the three kingdoms of England, Scotland, and Ireland from 27 March 1625 until his execution in 1649. Charles was the son of King James VI of Scotland, but after his father inherited the English throne in 1603, he moved to England. He became heir apparent to the English, Irish, and Scottish thrones on the death of his brother, Henry Frederick, Prince of Wales. Two years later, he married the Bourbon princess Henrietta Maria of France instead, after his succession, Charles quarrelled with the Parliament of England, which sought to curb his royal prerogative. Charles believed in the right of kings and thought he could govern according to his own conscience. Many of his subjects opposed his policies, in particular the levying of taxes without parliamentary consent and he supported high church ecclesiastics, such as Richard Montagu and William Laud, and failed to aid Protestant forces successfully during the Thirty Years War. From 1642, Charles fought the armies of the English and Scottish parliaments in the English Civil War, after his defeat in 1645, he surrendered to a Scottish force that eventually handed him over to the English Parliament. Charles refused to accept his captors demands for a constitutional monarchy, re-imprisoned on the Isle of Wight, Charles forged an alliance with Scotland, but by the end of 1648 Oliver Cromwells New Model Army had consolidated its control over England. Charles was tried, convicted, and executed for treason in January 1649. The monarchy was abolished and a called the Commonwealth of England was declared. The monarchy was restored to Charless son, Charles II, in 1660, the second son of King James VI of Scotland and Anne of Denmark, Charles was born in Dunfermline Palace, Fife, on 19 November 1600. James VI was the first cousin twice removed of Queen Elizabeth I of England, in mid-July 1604, Charles left Dunfermline for England where he was to spend most of the rest of his life. His speech development was slow, and he retained a stammer, or hesitant speech. In January 1605, Charles was created Duke of York, as is customary in the case of the English sovereigns second son, Thomas Murray, a Presbyterian Scot, was appointed as a tutor. Charles learnt the usual subjects of classics, languages, mathematics, in 1611, he was made a Knight of the Garter. Eventually, Charles apparently conquered his physical infirmity, which might have been caused by rickets and he became an adept horseman and marksman, and took up fencing. Even so, his public profile remained low in contrast to that of his stronger and taller elder brother, Henry Frederick, Prince of Wales. However, in early November 1612, Henry died at the age of 18 of what is suspected to have been typhoid, Charles, who turned 12 two weeks later, became heir apparent
Charles I of England
–
Portrait from the studio of
Anthony van Dyck, 1636
Charles I of England
–
Engraving by
Simon de Passe of Charles and his parents, King James and Queen Anne, c. 1612
Charles I of England
–
Portrait by
Robert Peake, c. 1610
Charles I of England
–
Portrait of Charles as Prince of Wales after
Daniel Mytens, c. 1623
19.
Aristocracy
–
Aristocracy is a form of government that places power in the hands of a small, privileged ruling class. The term derives from the Greek aristokratia, meaning rule of the best, at the time of the words origins in Ancient Greece, the Greeks conceived it as rule by the best qualified citizens—and often contrasted it favourably with monarchy, rule by an individual. In later times, aristocracy was usually seen as rule by a group, the aristocratic class. The Greeks did not like the concept of monarchy, and as their democratic system fell, in Ancient Rome, the Republic consisted of an aristocracy—as well as consuls, a senate, and a tribal assembly. In the Middle Ages and early modern era, aristocracies primarily consisted of an aristocratic class, privileged by birth. Since the French Revolution, aristocracy has generally been contrasted with democracy, however, this distinction is often oversimplified. In exchange feudal aid is received from tenants or vassals, oaths of military allegiance, however an oligarchy, nobility or royalty had the right to set taxes, assemble or raise armies and command loyalty by virtue of traditional authority. In the 1651 book Leviathan, Thomas Hobbes describes an aristocracy as a commonwealth in which the representative of the citizens is an assembly by part and it is a system in which only a small part of the population represents the government. Modern depictions of aristocracy tend to regard it not as the ancient Greek concept of rule by the best, history, John Cannon, Oxford University Press,1997, ISBN 978-0-19-866176-4 Aristocracy in the Modern World, Ellis Wasson, Palgrave Macmillan,2006
Aristocracy
–
Throughout the centuries
kings of Poland were elected by the
nobility in the fields outside
Warsaw
20.
Loan
–
In finance, a loan is the lending of money from one individual, organization or entity to another individual, organization or entity. A loan entails the reallocation of the asset for a period of time. The loan is provided at a cost, referred to as interest on the debt. In a legal loan, each of these obligations and restrictions is enforced by contract, although this article focuses on monetary loans, in practice any material object might be lent. Acting as a provider of loans is one of the tasks for financial institutions such as banks. For other institutions, issuing of debt such as bonds is a typical source of funding. A secured loan is a loan in which the borrower pledges some asset as collateral, a mortgage loan is a very common type of loan, used by many individuals to purchase things. In this arrangement, the money is used to purchase the property, the financial institution, however, is given security – a lien on the title to the house – until the mortgage is paid off in full. If the borrower defaults on the loan, the bank would have the right to repossess the house and sell it. In some instances, a loan out to purchase a new or used car may be secured by the car. The duration of the period is considerably shorter – often corresponding to the useful life of the car. There are two types of loans, direct and indirect. A direct auto loan is where a bank gives the loan directly to a consumer, an indirect auto loan is where a car dealership acts as an intermediary between the bank or financial institution and the consumer. Unsecured loans are loans that are not secured against the borrowers assets. These may or may not be regulated by law, in the United Kingdom, when applied to individuals, these may come under the Consumer Credit Act 1974. Interest rates on unsecured loans are nearly always higher than for secured loans, an unsecured lender must sue the borrower, obtain a money judgment for breach of contract, and then pursue execution of the judgment against the borrowers unencumbered assets. In insolvency proceedings, secured lenders traditionally have priority over unsecured lenders when a court divides up the borrowers assets, thus, a higher interest rate reflects the additional risk that in the event of insolvency, the debt may be uncollectible. Demand loans are short term loans that are typically in that they do not have fixed dates for repayment and they can be called for repayment by the lending institution at any time
Loan
21.
Prison
–
Besides their use for punishing crimes, jails and prisons are frequently used by authoritarian regimes against perceived opponents. Prisons often have facilities that are designed with long term confinement in mind in comparison to jails. In times of war, prisoners of war or detainees may be detained in prisons or prisoner of war camps. The use of prisons can be traced back to the rise of the state as a form of social organization, corresponding with the advent of the state was the development of written language, which enabled the creation of formalized legal codes as official guidelines for society. The best known of early legal codes is the Code of Hammurabi. Some Ancient Greek philosophers, such as Plato, began to develop ideas of using punishment to reform instead of simply using it as retribution. Imprisonment as a penalty was used initially for those who could not afford to pay their fines, eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in Ancient Athens was known as the desmoterion, the Romans were among the first to use prisons as a form of punishment, rather than simply for detention. A variety of existing structures were used to house prisoners, such as cages, basements of public buildings. One of the most notable Roman prisons was the Mamertine Prison, the Mamertine Prison was located within a sewer system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions, contaminated with human waste. Forced labor on public projects was also a common form of punishment. In many cases, citizens were sentenced to slavery, often in ergastula, during the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. Another common punishment was sentencing people to slavery, which involved chaining prisoners together in the bottoms of ships. However, the concept of the modern prison largely remained unknown until the early 19th-century, Punishment usually consisted of physical forms of punishment, including capital punishment, mutilation, flagellation, branding, and non-physical punishments, such as public shaming rituals. However, an important innovation at the time was the Bridewell House of Corrections, located at Bridewell Palace in London and these houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, inmates were given jobs, and through prison labor they were taught how to work for a living, by the end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace. From the late 17th century and during the 18th century, popular resistance to public execution, rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration, often with hard labor, the prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies
Prison
–
Cell block in
Baghdad Central Prison (
Abu Ghraib,
Iraq)
Prison
–
Criminology and
penology
Prison
–
A common punishment in
Early Modern Europe was to be made a
galley slave. The galley pictured here belonged to the Mediterranean fleet of
Louis XIV, c. 1694.
Prison
–
Women in England mourning their lovers who are soon to be transported to
Botany Bay, 1792.
22.
Habeas corpus
–
Habeas corpus is a recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official. The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement, if the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a remedy for those unlawfully detained. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad, though a writ of right, it is not a writ of course. So if an imposition such as internment without trial is permitted by the law, in some countries, the writ has been temporarily or permanently suspended under the pretext of war or state of emergency. The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject, the most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or criminal, the official who is the respondent must prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person and this differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof. From Latin habeas, 2nd person singular present subjunctive active of habere, to have, to hold, in reference to more than one person, habeas corpora. Literally, the means you may have the body. The complete phrase habeas corpus ad subjiciendum means you may have the person for the purpose of subjecting him/her to. These are the words of writs in 14th century Anglo-French documents requiring a person to be brought before a court or judge. The full name of the writ is often used to distinguish it from similar ancient writs, Habeas corpus ad prosequendum, a writ ordering return with a prisoner for the purpose of prosecuting him before the court. Habeas corpus ad respondendum, a writ ordering return to allow the prisoner to answer to new proceedings before the court, Habeas corpus ad testificandum, a writ ordering return with the body of a prisoner for the purposes of testifying. Habeas Corpus originally stems from the Assize of Clarendon, a re-issuance of rights during the reign of Henry II of England, in the 17th century the foundations for habeas corpus were wrongly thought to have originated in Magna Carta. William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, however, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, a previous law had been passed forty years earlier to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus
Habeas corpus
–
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
23.
Parliament
–
In modern politics and history, a parliament is a legislative, elected body of government. Generally a modern parliament has three functions, representing the electorate, making laws, and overseeing the government, historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. The term is derived from Anglo-Norman parlement, from the verb parler talk, the meaning evolved over time, originally any discussion, conversation, or negotiation, through various kinds of deliberative or judicial groups, often summoned by the monarch. By 1400, it had come to mean in Britain specifically the British supreme legislature, various parliaments are claimed to be the oldest in the world, under varying definitions. The Sicilian Parliament, whose first assembly was convened in 1097, the Icelandic Althing, year 930, but only including the main chiefs. Since ancient times, when societies were tribal, there were councils or a headman whose decisions were assessed by village elders, some scholars suggest that in ancient Mesopotamia there was a primitive democratic government where the kings were assessed by council. The same has been said about ancient India, where some form of deliberative assemblies existed, however, these claims are not accepted by most scholars, who see these forms of government as oligarchies. Ancient Athens was the cradle of democracy, the Athenian assembly was the most important institution, and every citizen could take part in the discussions. However, Athenian democracy was not representative, but rather direct, the Roman Senate controlled money, administration, and the details of foreign policy. Some Muslim scholars argue that the Islamic shura is analogous to the parliament, however, others highlight what they consider fundamental differences between the shura system and the parliamentary system. England has long had a tradition of a body of men who would assist, under the Anglo-Saxon kings, there was an advisory council, the Witenagemot. The name derives from the Old English ƿitena ȝemōt, or witena gemōt, the first recorded act of a witenagemot was the law code issued by King Æthelberht of Kent ca. 600, the earliest document which survives in sustained Old English prose, however, the Witan, along with the folkmoots, is an important ancestor of the modern English parliament. As part of the Norman Conquest of England, the new king, William I, did away with the Witenagemot, membership of the Curia was largely restricted to the tenants in chief, the few nobles who rented great estates directly from the king, along with ecclesiastics. William brought to England the feudal system of his native Normandy and this is the original body from which the Parliament, the higher courts of law, and the Privy Council and Cabinet descend. Of these, the legislature is formally the High Court of Parliament, only the executive government is no longer conducted in a royal court. Most historians date the emergence of a parliament with some degree of power to which the throne had to defer no later than the rule of Edward I, like previous kings, Edward called leading nobles and church leaders to discuss government matters, especially finance. A meeting in 1295 became known as the Model Parliament because it set the pattern for later Parliaments, in 1307, Edward I agreed not to collect certain taxes without the consent of the realm
Parliament
–
The chamber of the
House of Commons of the
British Parliament in the
City of Westminster,
London.
Parliament
–
The
Federal Assembly of
Switzerland.
Parliament
–
Session Hall of
Parliament of Finland.
Parliament
–
The
Israeli Knesset chamber.
24.
Monarch
–
A monarch is the sovereign head of state in a monarchy. A monarch may exercise the highest authority and power in the state, alternatively, an individual may become monarch by conquest, acclamation or a combination of means. A monarch usually reigns for life or until abdication, if a young child is crowned the monarch, a regent is often appointed to govern until the monarch reaches the requisite adult age to rule. A monarch can reign in multiple monarchies simultaneously, for example, the monarchy of Canada and the monarchy of the United Kingdom are separate states, but they share the same monarch through personal union. Monarchs, as such, bear a variety of titles — king or queen, prince or princess, emperor or empress, archduke, duke or grand duke, Prince is sometimes used as a generic term to refer to any monarch regardless of title, especially in older texts. A king can also be a husband and a queen can be a kings wife. If both people in a reign, neither person is generally considered to be a consort. Monarchy is political or sociocultural in nature, and is associated with hereditary rule. Most monarchs, both historically and in the present day, have been born and brought up within a royal family, different systems of succession have been used, such as proximity of blood, primogeniture, agnatic seniority, Salic law, etc. In an elective monarchy, the monarch is elected but otherwise serves as any other monarch, historical examples of elective monarchy include the Holy Roman Emperors and the free election of kings of the Polish–Lithuanian Commonwealth. In recent centuries, many states have abolished the monarchy and become republics, advocacy of government by a republic is called republicanism, while advocacy of monarchy is called monarchism. A principal advantage of hereditary monarchy is the continuity of national leadership. In cases where the monarch serves mostly as a ceremonial figure real leadership does not depend on the monarch, a form of government may in fact be hereditary without being considered monarchy, such as a family dictatorship. Monarchies take a variety of forms, such as the two co-princes of Andorra, positions held simultaneously by the Roman Catholic Bishop of Urgel and the elected President of France. Similarly, the Yang di-Pertuan Agong of Malaysia is considered a monarch despite only holding the position for five years at a time, hereditary succession within one patrilineal family has been most common, with preference for children over siblings, sons over daughters. Other European realms practice one form or another of primogeniture, whereunder a lord was succeeded by his eldest son or, if he had none, by his brother, the system of tanistry was semi-elective and gave weight also to ability and merit. The Salic law, practiced in France and in the Italian territories of the House of Savoy, in most fiefs, in the event of the demise of all legitimate male members of the patrilineage, a female of the family could succeed. Spain today continues this model of succession law, in the form of cognatic primogeniture, in more complex medieval cases, the sometimes conflicting principles of proximity and primogeniture battled, and outcomes were often idiosyncratic
Monarch
–
The nine European Monarchs who attended the
funeral of
King Edward VII of Britain, photographed at
Windsor Castle on 20 May 1910. Standing, from left to right:
King Haakon VII of Norway,
Tsar Ferdinand of Bulgaria,
King Manuel II of Portugal,
Kaiser Wilhelm II of Germany,
King George I of Greece and
King Albert I of Belgium. Seated, from left to right:
King Alfonso XIII of Spain,
King George V of Britain and
King Frederick VIII of Denmark.
Monarch
–
Royal, noble and
chivalric ranks
Monarch
Monarch
–
Ramesses II, the third
Pharaoh of the
Nineteenth Dynasty of Egypt.
25.
Magna Carta
–
Magna Carta Libertatum, commonly called Magna Carta, is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, at the end of the 16th century there was an upsurge in interest in Magna Carta. Lawyers and historians at the believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons. Both James I and his son Charles I attempted to suppress the discussion of Magna Carta, until the issue was curtailed by the English Civil War of the 1640s and the execution of Charles. The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century. In the 21st century, four exemplifications of the original 1215 charter remain in existence, held by the British Library, there are also a handful of the subsequent charters in public and private ownership, including copies of the 1297 charter in both the United States and Australia. The original charters were written on parchment sheets using quill pens, in heavily abbreviated medieval Latin, each was sealed with the royal great seal, very few of the seals have survived. The four original 1215 charters were displayed together at the British Library for one day,3 February 2015, to mark the 800th anniversary of Magna Carta. Magna Carta originated as an attempt to achieve peace between royalist and rebel factions in 1215, as part of the events leading to the outbreak of the First Barons War. England was ruled by King John, the third of the Angevin kings, although the kingdom had a robust administrative system, the nature of government under the Angevin monarchs was ill-defined and uncertain. Following the defeat of his allies at the Battle of Bouvines, John had to sue for peace, John was already personally unpopular with many of the barons, many of whom owed money to the Crown, and little trust existed between the two sides. John held a council in London in January 1215 to discuss potential reforms, both sides appealed to Pope Innocent III for assistance in the dispute. John also began recruiting mercenary forces from France, although some were sent back to avoid giving the impression that the King was escalating the conflict. Letters backing John arrived from the Pope in April, but by then the rebel barons had organised into a military faction and they congregated at Northampton in May and renounced their feudal ties to John, marching on London, Lincoln, and Exeter. Johns efforts to moderate and conciliatory had been largely successful. The King offered to submit the problem to a committee of arbitration with the Pope as the supreme arbiter, John met the rebel leaders at Runnymede, a water-meadow on the south bank of the River Thames, on 10 June 1215. Here the rebels presented John with their demands for reform. By 15 June, general agreement had been made on a text, and on 19 June and it focused on the rights of free men—in particular the barons
Magna Carta
–
Cotton MS. Augustus II. 106, one of only four surviving
exemplifications of the 1215 text.
Magna Carta
–
King
John on a
stag hunt
Magna Carta
–
A contemporaneous mural of
Pope Innocent III
Magna Carta
–
The Articles of the Barons, 1215, held by the
British Library
26.
Justice
–
Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture, an early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory argue that justice issues from God, in the 17th century, theorists like John Locke argued for the theory of natural law. Thinkers in the social contract tradition argued that justice is derived from the agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill argued that justice is what has the best consequences, Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians argued that justice can only exist within the coordinates of equality, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness. Property rights theorists take a view of distributive justice and argue that property rights-based justice maximizes the overall wealth of an economic system. Theories of retributive justice are concerned with punishment for wrongdoing, restorative justice is an approach to justice that focuses on restoring what is good, and necessarily focuses on the needs of victims and offenders. Understandings of justice differ in culture, as cultures are usually dependent upon a shared history. Each cultures ethics create values which influence the notion of justice, although there can be found some justice principles that are one and the same in all or most of the cultures, these are insufficient to create a unitary justice apprehension. In his dialogue Republic, Plato uses Socrates to argue for justice that covers both the just person and the just City State, Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence, Platos definition of justice is that justice is the having and doing of what is ones own, a just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the level and at the universal level. A persons soul has three parts – reason, spirit and desire, similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point, a chariot works as a whole because the two horses power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good, if one is ill, one goes to a medic rather than a farmer, because the medic is expert in the subject of health. Similarly, one should trust ones city to an expert in the subject of the good, not to a politician who tries to gain power by giving people what they want. For Socrates, the way the ship will reach its destination – the good – is if the navigator takes charge. Advocates of divine command theory argue that justice, and indeed the whole of morality, is the command of God
Justice
–
Lady Justice, a symbol of justice. She is depicted as a
goddess equipped with three items: a sword, symbolising the coercive power of a
court;
scales, representing an objective standard by which competing claims are weighed; and a blindfold indicating that justice should be impartial and meted out objectively, without fear or favor and regardless of money, wealth, power or identity.
Justice
–
Justice by
Luca Giordano.
Justice
–
Allegory or The Triumph of Justice by
Hans von Aachen.
Justice
–
J. L. Urban, statue of
Lady Justice at court building in
Olomouc,
Czech Republic.
27.
Habeas Corpus Act 1679
–
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. The Act is often described as the origin of the writ of habeas corpus. But the writ of habeas corpus had existed in various forms in England for at least five centuries before and is thought to have originated in the 12th Century Assize of Clarendon. The Act of 1679 followed an earlier Habeas Corpus Act of 1640, though amended, it remains on the statute book to this day. The act laid out certain temporal and geographical conditions under which prisoners had to be brought before the courts, jailors were forbidden to move prisoners from one prison to another or out of the country to evade the writ. In case of disobedience jailers would be punished with severe fines which had to be paid to the prisoner. The Act came about because the Earl of Shaftesbury encouraged his friends in the Commons to introduce the Bill where it passed and was sent up to the House of Lords. The Bill went back and forth between the two Houses, and then the Lords voted on whether to set up a conference on the Bill, if this motion was defeated the Bill would stay in the Commons and therefore have no chance of being passed. Each side—those voting for and against—appointed a teller who stood on each side of the door through which those Lords who had voted aye re-entered the House. One teller would count them aloud whilst the other teller listened, shaftesburys faction had voted for the motion, so they went out and re-entered the House. The King arrived shortly thereafter and gave Royal Assent before proroguing Parliament, the Act is now stored in the Parliamentary Archives
Habeas Corpus Act 1679
28.
Magistrate
–
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, in other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is an officer who hears cases in a lower court. In other jurisdictions, magistrates may be volunteers without formal training who perform a judicial role with regard to minor matters. In ancient Rome, the word referred to one of the highest offices of state. Analogous offices in the authorities, such as municipium, were subordinate only to the legislature of which they generally were members. Ex officio, often a combination of judicial and executive power, in Rome itself, the highest magistrates were members of the so-called cursus honorum -career of honors. They held both judicial and executive power within their sphere of responsibility, and also had the power to issue ius honorarium, the Consul was the highest Roman magistrate. Roman magistrates were not lawyers, but were advised by jurists who were experts in the law, the term was maintained in most feudal successor states to the western Roman Empire. The term chief magistrate applied to the highest official, in sovereign entities the head of state and/or head of government and these were referred as administrative magistrates to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation, in Mexicos Federal Law System, a magistrado is a superior judge, hierarchically beneath the Supreme Court Justices. The magistrado reviews the cases seen by a judge in a term if any of the parties disputes the verdict. For special cases, there are magistrados superiores who review the verdicts of special court, magistrates/JPs are limited to issuing sentences of no longer than six months for one offence and up to twelve months consecutively for multiple offences. A wide range of legal matters is within the remit of magistrates. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003, meaning no longer need to live within 15 miles, although, in practice. Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales, there are two types of magistrates in England and Wales, justices of the peace and district judges who hold office as members of the professional judiciary. According to requirements, around 50% of magistrates are women, over 41% of magistrates are retired from employment while others may be self-employed or able to arrange leave from their employment. No formal qualifications are required, but magistrates require intelligence, common sense, integrity, membership is widely spread throughout the area covered and drawn from all walks of life
Magistrate
–
Sir Lyman Poore Duff, a former
judge of the
Supreme Court of Canada
29.
English Bill of Rights
–
The Bill of Rights is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights. It sets out certain rights of individuals including the prohibition of cruel and unusual punishment, furthermore, the Bill of Rights described and condemned several misdeeds of James II of England. These ideas reflected those of the political thinker John Locke and they became popular in England. It also sets out—or, in the view of its drafters, restates—certain constitutional requirements of the Crown to seek the consent of the people, a separate but similar document, the Claim of Right Act 1689, applies in Scotland. The Bill of Rights 1689 was one of the inspirations for the United States Bill of Rights, along with the Act of Settlement 1701, the Bill of Rights is still in effect in all Commonwealth realms. Following the Perth Agreement in 2011, legislation amending both of them came into effect across the Commonwealth realms on 26 March 2015, during the early modern period, the power of the Parliament of England continually increased. Passage of the Petition of Right in 1628 and Habeas Corpus Act in 1679 established certain liberties for subjects, the idea of a political party took form with groups debating rights to political representation during the Putney Debates of 1647. The English Civil War was fought between the King and an oligarchic but elected Parliament, in the Glorious Revolution of 1688, a group of English Parliamentarians invited the Dutch stadtholder William III of Orange-Nassau to overthrow King James II of England. Williams successful invasion with a Dutch fleet and army led to James fleeing to France and this assembly called for an English Convention Parliament to be elected, which convened on 22 January 1689. On 2 February a committee specially convened reported to the Commons 23 Heads of Grievances and it passed the Commons without division. On 13 February the clerk of the House of Lords read the Declaration of Right, William replied for his wife and himself, We thankfully accept what you have offered us. They then went in procession to the gate at Whitehall. The Garter King at Arms proclaimed them King and Queen of England, France and Ireland, whereupon they adjourned to the Chapel Royal and they were crowned on 11 April, swearing an oath to uphold the laws made by Parliament. They were also to maintain the laws of God, the profession of the Gospel. This replaced an oath which had deferred more to the monarch, the previous oath required the monarch to rule based on the laws and customs. Granted by the Kings of England, the Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, in December 1689. The Act declared James flight from England following the Glorious Revolution to be an abdication of the throne and it listed twelve of Jamess policies by which James designed to endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom. The Bill of Rights is commonly dated in legal contexts to 1688 and this convention arises from the legal fiction that an Act of Parliament came into force on the first day of the session in which it was passed
English Bill of Rights
–
The Bill of Rights (1689)
30.
United States Constitution/Amendment Eight
–
The Eighth Amendment of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. The U. S. Supreme Court has ruled that this amendments Cruel, the phrases in this amendment originated in the English Bill of Rights of 1689. This amendment was adopted on December 15,1791, along with the rest of the United States Bill of Rights. The amendment as proposed by Congress in 1789 reads as follows, Excessive bail shall not be required, nor excessive fines imposed, nor cruel, the Eighth Amendment was adopted, as part of the Bill of Rights, in 1791. Oates was sentenced to imprisonment including an annual ordeal of being out for two days pillory plus one day of whipping while tied to a moving cart. The Oates case eventually became a topic of the U. S. Supreme Court’s Eighth Amendment jurisprudence, the punishment of Oates involved ordinary penalties collectively imposed in a barbaric, excessive and bizarre manner. The reason why the judges in Oates perjury case were not allowed to impose the penalty may be because such a punishment would have deterred even honest witnesses from testifying in later cases. England’s declaration against cruel and unusual punishments was approved by Parliament in February 1689, Parliament then enacted the English Bill of Rights into law in December 1689. Members of parliament characterized the punishment in the Oates case as not just barbarous and inhuman, in England, the cruel and unusual punishments clause was a limitation on the discretion of judges, and required judges to adhere to precedent. For the bill of rights has particularly declared, that excessive fines ought not to be imposed, nor cruel, Virginia adopted this provision of the English Bill of Rights in the Virginia Declaration of Rights of 1776, and the Virginia convention that ratified the U. S. Constitution recommended in 1788 that this also be included in the Constitution. Virginians such as George Mason and Patrick Henry wanted to ensure that this restriction would also be applied as a limitation on Congress, Mason warned that, otherwise, Congress may inflict unusual and severe punishments. Henry emphasized that Congress should not be allowed to depart from precedent, What has distinguished our ancestors. --That they would not admit of tortures, or cruel, but Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany, ultimately, Henry and Mason prevailed, and the Eighth Amendment was adopted. James Madison changed ought to shall, when he proposed the amendment to Congress in 1789, in England, sheriffs originally determined whether to grant bail to criminal suspects. Since they tended to abuse their power, Parliament passed a statute in 1275 whereby bailable and non-bailable offenses were defined, the Kings judges often subverted the provisions of the law. It was held that an individual may be held without bail upon the Sovereigns command, eventually, the Petition of Right of 1628 argued that the King did not have such authority. Thereafter, judges were compelled to set bail, but they often required impracticable amounts, finally, the English Bill of Rights held that excessive bail ought not to be required
United States Constitution/Amendment Eight
–
Pertinent part of the English Bill of Rights, December 1689.
United States Constitution/Amendment Eight
–
The American Bill of Rights in the
National Archives, March 1789
31.
United States Constitution
–
The United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government, Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure used by the thirteen States to ratify it. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty, the majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures, Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U. S, according to the United States Senate, The Constitutions first three words—We the People—affirm that the government of the United States exists to serve its citizens. From September 5,1774 to March 1,1781, the Continental Congress functioned as the government of the United States. The process of selecting the delegates for the First and Second Continental Congresses underscores the revolutionary role of the people of the colonies in establishing a governing body. The Articles of Confederation and Perpetual Union was the first constitution of the United States and it was drafted by the Second Continental Congress from mid-1776 through late-1777, and ratification by all 13 states was completed by early 1781. Under the Articles of Confederation, the governments power was quite limited. The Confederation Congress could make decisions, but lacked enforcement powers, implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures. The Continental Congress could print money but the currency was worthless, Congress could borrow money, but couldnt pay it back. No state paid all their U. S. taxes, some paid nothing, some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments, by 1786, the United States would default on outstanding debts as their dates came due. Internationally, the Articles of Confederation did little to enhance the United States ability to defend its sovereignty, most of the troops in the 625-man United States Army were deployed facing – but not threatening – British forts on American soil. They had not been paid, some were deserting and others threatening mutiny, spain closed New Orleans to American commerce, U. S. officials protested, but to no effect. Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay their ransom, if any military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the sentiments and interests of the various states
United States Constitution
–
Page one of the original copy of the Constitution
United States Constitution
–
Signing the Constitution, September 17, 1787
United States Constitution
–
Territorial extent of the United States, 1790.
United States Constitution
–
"We the People" in an original edition
32.
Police and Criminal Evidence Act 1984
–
Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public, equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989. The equivalent in Scots Law is the Criminal Procedure Act 1995, specific legislation as to more wide ranging conduct of a criminal investigation is contained within the Criminal Procedures and Investigation Act 1996. PACE was significantly modified by the Serious Organised Crime and Police Act 2005 and this replaced nearly all existing powers of arrest, including the category of arrestable offences, with a new general power of arrest for all offences. Any person with a duty of investigating criminal offences or charging offenders is also required to follow the provisions of the PACE codes of practice as far as practical and relevant. Despite its safeguards, PACE was extremely controversial on its introduction, PACE and its subsequent enactments limits that. Various other government agencies including TV Licensing, the Royal Mail, BT Group, one intent of PACE and its successors is to prevent the abuse of this right, or remove it entirely, to balance the privacy of the individual against the needs of the State. The 1981 Brixton riots, and the subsequent Scarman report were key factors in the passage of the Act, the Police and Criminal Evidence Act 1984 was brought in following recommendations set out by the Royal Commission on Criminal Procedure. The purpose of the Police and Criminal Evidence Act 1984 was to police powers under one code of practice. The Home Office and the Cabinet Office announced a joint review of PACE and its codes of practice in May 2002, following a further review in 2010, PACE Codes A, B and D were re-issued to take effect on 7 March 2011. PACE Code A, deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest and it also deals with the need for a police officer to make a record of such a stop or encounter. On 1 January 2009, Code A was amended to remove lengthy stop and account recording procedures, requiring police to record a subjects ethnicity. PACE Code B, deals with powers to search premises and to seize and retain property found on premises. PACE Code C, sets out the requirements for the detention, treatment and it replaced the Judges Rules in England and Wales. PACE Code D, concerns the main methods used by the police to people in connection with the investigation of offences. PACE Code E, deals with the recording of interviews with suspects in the police station. PACE Code F, deals with the recording with sound of interviews with suspects. On 1 January 2006 an additional code came into force, PACE Code G, on 24 July 2006 a further code came into force, PACE Code H, deals with the detention of terrorism suspects
Police and Criminal Evidence Act 1984
33.
Financial Conduct Authority
–
The FCA regulates financial firms providing services to consumers and maintains the integrity of the UK’s financial markets. It focuses on the regulation of conduct by both retail and wholesale financial services firms, like its predecessor the FSA, the FCA is structured as a company limited by guarantee. On 19 December 2012 the Financial Services Act 2012 received royal assent, the Act created a new regulatory framework for financial services and abolished the Financial Services Authority. The authority has significant powers, including the power to conduct related to the marketing of financial products. It is able to specify minimum standards and to place requirements on products and it has the power to investigate organisations and individuals. The authority is responsible for regulating the consumer credit industry from 1 April 2014, in April 2015, the FCA created a separate body, the Payment Systems Regulator, in accordance with section 40 of the Financial Services Act 2013. The PSRs role is to promote competition and innovation in payment systems, the Financial Services Act of 2012 set out a new system for regulating financial services in order to protect and improve the UK’s economy. In June 2012 it was confirmed that John Griffith-Jones would become the chair of the FCA once the FSA ceases operations in 2013. Griffith-Jones joined the FSA board in September 2012 as a non-executive director, Griffith-Jones retired from KPMG, where he was chairman of the UK division, in August 2012. In December 2013, it was announced that head of asset management supervision Ed Harley had left the regulator to take up a role at Goldman Sachs Asset Management, many had no concept of the instrument they were being pressured to buy. This applies to embedded swaps as much as standalone products, the response by the FSA and FCA has been inadequate. The FCA was rebuked by the Treasury Select Committee for lack of concern over the increase in mortgage interest rates of the Bank of Irelands UK subsidiary. There have been calls for the resignation of chairman John Griffith-Jones because of his responsibility for auditing HBOS as chairman of KPMG at the time of the crisis of 2007–08. There has also been criticism of chief executive Martin Wheatley because of his responsibility for the fiasco in Hong Kong. On 16 December 2014, the Treasury Select Committee commenced taking evidence on the press briefing, Financial Policy Committee Prudential Regulation Authority Financial Services Authority FCA Controlled Functions Financial Conduct Authority – official site
Financial Conduct Authority
–
Financial Conduct Authority
34.
Treason
–
In law, treason is the crime that covers some of the more extreme acts against ones nation or sovereign. Historically, treason also covered the murder of specific social superiors, Treason against the king was known as high treason and treason against a lesser superior was petty treason. A person who commits treason is known in law as a traitor, orans Dictionary of the Law defines treason as a citizens actions to help a foreign government overthrow, make war against, or seriously injure the. In many nations, it is often considered treason to attempt or conspire to overthrow the government. At times, the term traitor has been used as a political epithet, in a civil war or insurrection, the winners may deem the losers to be traitors. In certain cases, as with the Dolchstoßlegende, the accusation of treason towards a group of people can be a unifying political message. Treason is considered to be different and on occasions a separate charge from treasonable felony in many parts of the world. In English law, high treason was punishable by being hanged, drawn and quartered or burnt at the stake and those penalties were abolished in 1814,1790 and 1973 respectively. The penalty was used by later monarchs against people who could reasonably be called traitors, many of them would now just be considered dissidents. His treachery is considered so notorious that his name has long been synonymous with traitor, christian theology and political thinking until after the Enlightenment considered treason and blasphemy as synonymous, as it challenged both the state and the will of God. Kings were considered chosen by God, and to ones country was to do the work of Satan. Many nations laws mention various types of treason, Crimes Related to Insurrection is the internal treason, and may include a coup detat. Crimes Related to Foreign Aggression is the treason of cooperating with foreign aggression positively regardless of the national inside and outside, Crimes Related to inducement of Foreign Aggression is the crime of communicating with aliens secretly to cause foreign aggression or menace. Depending on a country, conspiracy is added to these, in Japan, the application of Crimes Related to Insurrection was considered about Aum Shinrikyo cult which caused religious terrorism. A person is not guilty of treason under paragraphs, or if their assistance or intended assistance is purely humanitarian in nature, the only permissible penalty for treason is life imprisonment. Section 24AA of the Crimes Act 1914 creates the offence of treachery. The Treason Act 1351, the Treason Act 1795 and the Treason Act 1817 form part of the law of New South Wales, Section 16 provides that nothing in Part 2 repeals or affects anything enacted by the Treason Act 1351. This section reproduces section 6 of the Treason Felony Act 1848, the offence of treason was created by section 9A of the Crimes Act 1958
Treason
–
A 17th century illustration of
Guy Fawkes. Guy Fawkes tried to assassinate
James I of England. He failed and was convicted of treason and sentenced to be
hanged, drawn and quartered.
Treason
–
5 January 1895 - The treason conviction of Captain
Alfred Dreyfus.
Treason
–
Engraving depicting the execution of
Sir Thomas Armstrong in 1684, who was
hanged, drawn and quartered.
Treason
–
The
Indische Legion attached to the
German Army was created in 1941, mainly from disaffected Indian soldiers of the British Indian Army.
35.
Detention of suspects
–
Remand or pre-trial detention or provisional detention is the process of keeping a person who has been arrested in custody before conviction. Those charged with serious crimes may be held in a prison until trial or sentencing. Varying terminology is used, but remand is generally used in common law jurisdictions, continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, in liberal democracies pre-trial detention is usually subject to safeguards, the pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the court then has a further 24 hours either to order a custody, or to release the person detained. Detailed rules of detention are included in the Criminal Procedural Code, the police may arrest and detain a suspect after obtaining prosecutors consent. In an urgent case the police may detain a suspect without the consent, in both cases, however, the police detention may take place only when grounds for pre-trial detention exist. The statutory limits of 48 +24 hours must be complied with and reaching the limit should aways trigger immediate release. The perpetrator must immediately be handed over to the police, or when that is not possible, in the United States, a person is protected by the federal constitution from being held in prison unlawfully. The right to have ones detention reviewed by a judge is called habeas corpus, Constitution states that The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. A declaration of a state of emergency can suspend the right to habeas corpus, the Sixth Amendment requires criminal defendants to be informed of the nature and cause of the accusation. The U. S. Bill of Rights thus grants some protection against being held without criminal charge, federal authorities have also exercised the power to arrest people on the basis of being a material witness. Involuntary commitment of the mentally ill is another category of detention without criminal prosecution, the scope of such detentions is also limited by the Bill of Rights. Administrative detention, a term applied to many of these categories, is used to imprison illegal immigrants. Häktning is a pre-trial supervision measure pursuant to Swedish law, meaning that a suspect can be detained by a court in the case of crimes for which there is a term of one year or more. There are two degrees of suspicion, reasonable suspicion, or probable cause, the identity of the suspect is not established, if he refuses to say it or has given a false identity. A person may be held in custody for a period of not more than 14 days. For suspect who has not yet turned 18 needed serious reasons for detention decisions are to be notified of the court, a person, with less serious crimes, they are given by prosecutors a summary penalty order
Detention of suspects
–
Lady Justice —allegory of justice—statue at court building in
Olomouc
Detention of suspects
–
Czech Police station in
Teplice
Detention of suspects
–
Olomouc remand prison
Detention of suspects
–
Buses of the Czech prison service are characterized by its white-violet color scheme and absence of windows in the prison section
36.
Criminal Justice Act 2003
–
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland. It permits offences to be tried by a judge sitting alone without a jury in cases where there is a danger of jury-tampering and it also expands the circumstances in which defendants can be tried twice for the same offence, when new and compelling evidence is introduced. The intention of the Act was to introduce reforms in two areas, improved case management and a reduction in scope for abuse of the system. Police stop and search powers are increased to include cases of suspected criminal damage in, for example, people who accompany constables on a search of premises may now take an active part in the search, as long as they remain accompanied at all times. This is particularly useful in cases where computer or financial evidence may need to be sifted at the scene, the right of a prisoner to make an application to the High Court is abolished. Previously an application could be made to the Crown Court and the High Court as of right, the right to make a bail application by way of judicial review remains, although only if its more stringent tests applicable are satisfied. The Crown Court is now effectively the final arbiter of bail in criminal cases, prosecution appeals against Magistrates Courts decisions to grant bail are extended to all imprisonable criminal offences. The police may, as well as issuing the normal cautions, the recipient of any kind of caution must admit his guilt of the offence for which the caution is imposed. Conditional cautions must be issued in accordance with a code of practice and they will impose conditions upon the offender. If those conditions are breached the offender may then be prosecuted for the offence, the Criminal Justice and Immigration Act 2008 extends the adult conditional caution scheme to young offenders. The Act makes amendments to the Criminal Procedure and Investigations Act 1996 relating to prosecution, now the prosecution are under a continuous duty to disclose evidence, though the defence statement would impose a revised and stricter test. However, the defence still cannot force the prosecutor to disclose such evidence until a statement is produced. A defence statement must now state each point at issue is taken with the prosecution and why. The defendant must also give a list of witnesses, along with their names and addresses. The police may then interview witnesses, according to a code of practice issued by the Home Secretary. The Explanatory Notes make it clear the police interviewing of potential defence witnesses is one of the intents of the Act, the details of any defence expert witness instructed must also be given to the prosecution, whether or not they are then used in the case. However, no part of the Act explicitly amends the law on legal privilege, co-defendants must now also disclose their defence statements to each other as well as to the prosecution
Criminal Justice Act 2003
37.
High treason in the United Kingdom
–
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Several other crimes have historically been categorised as high treason, including counterfeiting money, High treason was formerly distinguished from petty treason, a treason committed against a subject of the sovereign, the scope of which was limited by statute to the murder of a legal superior. Petty treason comprised the murder of a master by his servant, of a husband by his wife, petty treason ceased to be a distinct offence from murder in 1828, and consequently high treason is today often referred to simply as treason. Considered to be the most serious of offences, high treason was often met with extraordinary punishment, hanging, drawing and quartering was often employed. The last treason trial was that of William Joyce, Lord Haw-Haw, since the Crime and Disorder Act 1998 became law, the maximum sentence for treason in the UK has been life imprisonment. In addition to the crime of treason, the Treason Felony Act 1848 created a new offence known as treason felony, under the traditional categorisation of offences into treason, felonies, and misdemeanours, treason felony was merely another form of felony. Several categories of treason which had been introduced by the Sedition Act 1661 were reduced to felonies, in addition to the Acts of 1351,1703, and 1848, two additional Acts passed by the old Parliament of Ireland apply to Northern Ireland alone. Thus, the process open to abuse, and decisions were often arbitrary. For instance, during the reign of Edward III, a knight was convicted of treason because he assaulted one of the kings subjects and it was only in 1351 that Parliament passed legislation on the subject of treason. First, it is treason to compass or imagine the death of our Lord the King, of our Lady his Queen, or of their eldest son. The terms compass or imagine indicate the premeditation of a murder, however it has also been held to include rebelling against or trying to overthrow the monarch, as experience has shown that this normally involves the monarchs death. The terms of this provision have been held to both male and female sovereigns, but only the spouses of male Sovereigns. It is not sufficient to allege that an individual is guilty of high treason because of his thoughts or imaginations. If the intercourse is not consensual, only the rapist is liable, Anne Boleyn and Catherine Howard, wives of Henry VIII, were found guilty of treason for this reason. Thus, only women are covered in the statute, it is not, for example, similarly, it is not high treason to rape a widow of the sovereign or of the heir-apparent. Diana, Princess of Wales admitted that she had an affair with her instructor, James Hewitt. Conspiracy to levy war or aid the sovereigns enemies do not amount to this kind of treason, in modern times only these kinds of treason have actually been prosecuted. These offences, however, were reduced to felonies rather than high treasons in 1861 and 1832 respectively, finally, the Treason Act 1351 specified that the listing of offences was meant to be exhaustive
High treason in the United Kingdom
–
William Joyce was the last person to be tried for treason in the UK, here seen under armed guard in 1945.
High treason in the United Kingdom
–
To be
hanged, drawn and quartered was from 1351 a penalty in England for men convicted of high treason.
38.
Coroners and Justice Act 2009
–
The Coroners and Justice Act 2009 is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England, criminalising the holding of someone in slavery or servitude, or requiring them to perform forced or compulsory labour provision for the abolition of the office of Coroner of the Queens Household. The Act makes it illegal to own any picture depicting under-18s participating in sexual activities, the law has been condemned by a coalition of graphic artists, publishers and MPs, fearing it will criminalise graphic novels such as Lost Girls and Watchmen. These sections came into effect on 6 April 2010, the Act contains measures to reform the coroner system. These provisions will be used in rare cases only, the most controversial aspect of the bill are the provisions regarding secret inquests. The provisions had previously been mulled as part of the Counter-Terrorism Act 2008 and it reads, During debate on the Coroners and Justice Bill the Government unsuccessfully attempted to repeal section 29JA. Clause 61 was introduced into Parliament by Jack Straw on 14 January 2009, the clause was voted down by the House of Lords, reinstated by the House of Commons, and voted down again by the Lords before the Commons finally conceded that section 29JA could remain. The investigation of forced labour began after the body of one of the workers was discovered. The family found using vulnerable mentally ill, alcoholic, and homeless men for forced labour very profitable, holding some men in servitude for decades, Coroners Act The Coroners and Justice Act 2009, as amended from the National Archives. The Coroners and Justice Act 2009, as originally enacted from the National Archives, explanatory notes to the Coroners and Justice Act 2009
Coroners and Justice Act 2009
39.
Crown Court
–
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the court of first instance in criminal cases, however, for some purposes the Crown Court is hierarchically subordinate to the High Court. The Crown Court sits in around 92 locations in England and Wales, the administration of the Crown Court is conducted through HM Courts and Tribunals Service. Previously conducted across six circuits, HM Courts and Tribunals Service is now divided into seven regions, Midlands, North East, North West, South East, South West, London and Wales. The Wales region was identified separately, having regard to the legislative powers of the Welsh Assembly Government. When the Crown Court sits in the City of London it is known as the Central Criminal Court, the average time from receipt by the Crown Court to completion was 177 days by the start of 2016. Rather than speaking of a location at which the Crown Court sits, it is practice to refer to any venue as a Crown Court. In 2015 the Crown Court heard 11,348 appeals against conviction, at the conclusion of the hearing the Crown Court has the power to confirm, reverse or vary any part of the decision under appeal. The average waiting time for appeals was 8.8 weeks in 2015, in 2015 the Crown Court dealt with 30,802 cases for sentencing from the magistrates courts. Committals may also arise from breaches of the terms of a Community Rehabilitation Order or a sentence of imprisonment. The court performance target is that cases committed for sentence should be heard within 10 weeks, when the Crown Court is dealing with a matter connected with a trial on indictment, appeal lies to the criminal division of the Court of Appeal and thence to the Supreme Court. In all other cases, appeal from the Crown Court lies by way of case stated to a Divisional Court of the High Court, the judges who normally sit in the Crown Court are High Court judges, Circuit judges and Recorders. Circuit judges also sit in the County Court, Recorders are barristers or solicitors in private practice, who sit part-time as judges. The most serious cases are allocated to High Court judges and Senior Circuit judges, the remainder are dealt with by Circuit judges and Recorders, although Recorders will normally handle less serious work than Circuit judges. The allocation is conducted according to directions given by the Lord Chief Justice of England, the Crown Court was established on 1 January 1972 by the Courts Act 1971, acting on the recommendations of the commission. The quarter sessions were local courts assembled four times a year to dispose of cases which were not serious enough to go before a High Court judge. The Crown Court and a county court may sit in the same building, since the establishment of Her Majestys Courts Service in April 2005 there is an increased sharing of facilities between the Crown Court, county courts and magistrates courts. At the front of the court, on a platform, is a large bench
Crown Court
–
Crown Court and
County Court in
Oxford.
Crown Court
Crown Court
–
Crown Court in
Reading
Crown Court
–
Simplified Layout of a typical Crown Court
40.
Code of Criminal Procedure, 1973
–
The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974, additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the Act contains 484 Sections,2 Schedules and 56 Forms, the Sections are divided into 37 Chapters. In medieval India, subsequent to the conquest by the Muslims, the British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedural law while deciding the cases of the Crown’s subjects, after the Rebellion of 1857, the crown took over the administration in India. The Criminal Procedure Code,1861 was passed by the British parliament, the 1861 code continued after independence and was amended in 1969. It was finally replaced in 1972, cognizable offences are those offences for which a police officer may arrest without court mandated warrant in accordance with the first schedule of the code. For non-cognizable cases the police officer may arrest only after being authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones, cognizable Offences reported under section 154 Cr. P. C while Non-Cognizable Offences reported under section 155 Cr. P. C. For Non-Cognizable Offences the Magistrate empowered to take cognizance under section 190 Cr. P. C, under section 156 Cr. P. C the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the if the case is a summons case. If the case appears to be a warrant case, he may issue a warrant or summons, Section 2 of the Code defines summons-case as, a case relating to an Offence, and not being a warrant-case. Section 2 of the Code defines warrant-case as, a case relating to an Offence punishable with death, the Criminal Procedure Code is applicable in the whole of India except in the State of Jammu and Kashmir. The Parliaments power to legislate in respect of Jammu & Kashmir is curtailed by Article 370 of the Constitution of India. The Courts of Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of not exceeding ten thousand rupees, or of both. The Courts of Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of not exceeding five thousand rupees. The State Government has the power to make certain offences bailable or non-bailable in their respective States, Section 260 Clause 2 of the Code lists certain offences which may be summarily tried by any Chief Judicial Magistrate, any Metropolitan Magistrate or any Judicial Magistrate First Class. A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section
Code of Criminal Procedure, 1973
–
Criminal Procedure Code, 1973
41.
Supreme Court of India
–
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and it safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it matters which may specifically be referred to it under the Constitution by the President of India. It also may take cognisance of matters on its own, without anyone drawing its attention to them, the law declared by the Supreme Court becomes binding on all courts within India. These new High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against judgements of the High Courts, the Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system. Supreme Court initially had its seat at Chamber of Princes in the Parliament building where the previous Federal Court of India sat from 1937 to 1950, the first Chief Justice of India was Sir H J Kania. In 1958, the Supreme Court moved to its present premises, originally, Constitution of India envisaged a Supreme Court with a Chief Justice and seven Judges, leaving it to Parliament to increase this number. In formative years, the Supreme Court met from 10 to 12 in the morning, the Right Wing of the structure has the bar - room, the offices of the Attorney General of India and other law officers and the library of the court. The Left Wing has the offices of the court, in all there are 15 court rooms in the various wings of the building. The foundation stone of the courts building was laid on 29 October 1954 by Rajendra Prasad. The Court moved into the building in 1958, in 1979, two new wings - the East Wing and the West Wing - were added to the complex. On 20 February 1980, a bronze sculpture of 210 centimeter height was installed in lawn of the Supreme Court. On the book, a balance is shown, which represents dispensation of justice to all. The sculpture was made by the renowned artist Chintamoni Kar The design of the Courts seal is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Asoka with 24 spokes, the inscription in Sanskrit yatodharmastato jayah means whence law, thence victory. It is also referred to - as the wheel of righteousness, encompassing truth, goodness, Supreme Court Rules,2013 entitle only those advocates who are registered with the supreme court, called Advocates-on-Record to appear, act and plead for a party in the court
Supreme Court of India
–
Central Wing of the Court where the Chief Justice's courtroom is located
Supreme Court of India
–
Seal of the Supreme Court
Supreme Court of India
–
Supreme Court building with the sculpture in the foreground
42.
Courts of Scotland
–
The civil, criminal and heraldic courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law, the Scottish Courts and Tribunals Service, a non-ministerial department of the Scottish Government, is responsible for the administration of the countrys courts and tribunals systems. The Court of Session is the civil court and the High Court of Justiciary is the supreme criminal court. The specialist system of Childrens Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16, the Court of the Lord Lyon is the heraldic court and the Scottish Land Court deals with agricultural and crofting issues. Defunct courts include the Court of Exchequer and the Admiralty Court, the United Kingdom does not have a single judicial system — England and Wales have one system, Scotland another, and Northern Ireland a third. The Military Court Service has jurisdiction over all members of the forces of the United Kingdom in relation to offences against military law. The Supreme Court was created on 1 October 2009 by the Constitutional Reform Act 2005 and it is the highest civil court of appeal for Scotland. It hears appeals from all the courts of the United Kingdom. Until the creation of the Supreme Court, ultimate appeal lay to the House of Lords, the cases may reach the Court as follows, The Attorney-General or other Law Officers may refer a bill from the devolved body to the Supreme Court. The litigants may appeal a case from certain superior courts, appellate courts may refer a case to the Supreme Court. Any court, if a Law Officer so desires, may refer a case to the Supreme Court, Law Officers may refer any issue not related to a bill or case to the Supreme Court. The Court of Session is the civil court. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh, the court of first instance is known as the Outer House, the court of appeal the Inner House. The Sheriff Appeal Court is a court with a jurisdiction over civil appeals from the Sheriff Courts. The Sheriff Court is the civil court, this sits locally. Any final decision of a Sheriff may be appealed against, there is a right of appeal in civil cases to the Sheriff Appeal Court, and, with permission, to the Court of Session. The High Court of Justiciary is the criminal court. The High Court is both a court of first instance and also a court of appeal, as a court of appeal, it sits only in Edinburgh
Courts of Scotland
–
Entrance to the
Parliament House, the home of the
Supreme Courts of Scotland, in
Parliament Square, Edinburgh.
Courts of Scotland
–
Parliament Hall inside
Parliament House, Edinburgh
Courts of Scotland
–
an example of a sheriff court in
Kirkcaldy
43.
High Court of Justiciary
–
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, or in its own buildings in Glasgow. However it sometimes sits in various towns in Scotland, when it borrows the local Sheriff Court building. As a court of appeal, it only in Edinburgh. The High Court of Justiciary has also sat once outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. The High Court was founded in 1672 by the Courts Act 1672, the medieval Justiciar took its name from the justices who originally travelled around Scotland hearing cases on circuit or ayre. From 1524, the Justiciar or a deputy was required to have a permanent base in Edinburgh, the High Court has jurisdiction over all crimes in Scotland unless restricted by statute. There are sittings when required in Dumbarton, Lanark, Livingston, Paisley, under the Scottish legal system, the jury need not return a unanimous verdict, a majority verdict may also be used. The Scottish legal system also permits a verdict of not proven as well as verdicts of guilty or not guilty, juries may add a rider to their verdict as additional commentary on their verdict. Cases in the High Court are prosecuted in the public interest by the Lord Advocate who is represented in such cases by Advocates Depute. Appeals may be made by right to the High Court of Justiciary sitting as the Court of Criminal Appeal from sheriff courts sitting in solemn procedure, or from the High Court at first instance. Appeals against convictions or sentence in summary procedure heard in sheriff courts, however, appeals on points of law may be heard in the High Court from the Sheriff Appeal Court with the permission of the High Court. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction, the High Court of Justiciary sits as an appeal court in Edinburgh. A solemn proceedings case is remitted from a sheriff court to the High Court for sentencing where the sheriff deems their powers of sentencing to be inadequate for the crime committed. In solemn proceedings sheriff can impose a sentence is 5 years imprisonment. Whereas, the High Court can impose a life sentence, until 1990 only advocates had any right of audience before the High Court, when the Law Reform 1990 allowed for solicitors to apply for enhanced rights and become solicitor-advocates. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75
High Court of Justiciary
–
High Court of Justiciary in Edinburgh
High Court of Justiciary
–
Royal Coat of Arms in Scotland
High Court of Justiciary
–
Court entrance the High Court of Justiciary situated at the
Saltmarket in Glasgow
44.
Lord Advocate
–
He or she is the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office and Procurator Fiscal Service, nominally in the Lord Advocates name. The officeholder is one of the Great Officers of State of Scotland, the current Lord Advocate is The Rt Hon. James Wolffe, QC. The office of Advocate to the monarch is an ancient one, the first recognised Lord Advocate was Sir John Ross of Montgrenan, recorded in 1483 as serving King James III. Her Majestys Government is now advised on Scots law by the Advocate General for Scotland, the Lord Advocate is not head of the Faculty of Advocates, that position is held by the Dean of the Faculty of Advocates. Until devolution in 1999, all Lord Advocates were, by convention, members of the United Kingdom government, since devolution, the Lord Advocate has been an automatically ex officio member of the Scottish Government. From 1999 until 2007, the Lord Advocate attended the weekly Scottish Cabinet meetings, however, after the 2007 election, the new First Minister Alex Salmond decided that Lord Advocate would no longer attend the Scottish Cabinet, stating he wished to de-politicise the post. Until devolution, all Lord Advocates were, by convention, members of either the House of Commons or the House of Lords to allow them to speak for the Government and those who were not already members of either house received a life peerage on appointment. Appointments as Senators of the College of Justice were formerly made on the nomination of the Lord Advocate, every Lord Advocate between 1842 and 1967 was later appointed to the bench, either on demitting office or at a later date. Many Lord Advocates in fact nominated themselves for appointment as Lord President of the Court of Session or as Lord Justice Clerk, the Crown Office and Procurator Fiscal Service is headed by the Lord Advocate and the Solicitor General for Scotland, and is the public prosecution service in Scotland. It also carries out functions which are equivalent to the coroner in common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate, the Crown Agent is the principal legal advisor to the Lord Advocate on prosecution matters. He or she acts as Chief Executive for the Department. At trials in the High Court in Edinburgh, they attend as instructing solicitor and they are assisted by other senior legal, managerial and administrative staff. Whilst the Lord Advocate and Solicitor General continue as public prosecutors the principle of separation of powers seems compromised, the potential for a conflict of interest always exists. Resolution of these circumstances would entail an amendment of the contained within the Scotland Act 1998. The judges of Scotlands highest court came to share this view and they noted various ways in which the Lord Advocates roles had caused problems for the judicial system, including the ability to challenge. Virtually any act of a prosecutor has led to a plethora of disputed issues, with delays to the holding of trials and to the hearing. While not specifically favouring any of the three, they noted that the proposal was radical enough to generate considerable controversy
Lord Advocate
–
Scotland
45.
Sheriff Court
–
A sheriff court provides local court service in Scotland, with each court serving a sheriff court district within a sheriffdom. Generally, one of the powerful local lords in each county was appointed. The sheriff dispensed the Kings justice in his county in the Sheriff Court, the hereditary sheriff later delegated his judicial functions to a trained lawyer called a sheriff-depute. The Heritable Jurisdictions Act of 1747 abolished the office of hereditary sheriff, at first, only the sheriff of the Lothians and Peebles and the sheriff of Lanarkshire were full-time appointments. Over time, the duties of the depute were entirely assumed by the substitute. The Sheriff Court Act 1870 combined the thirty counties of Scotland into fifteen sheriffdoms, until 1877, the sheriffs-substitutes were appointed by the sheriffs-deputes, after 1877, that right was reserved to the Crown. The civil procedure before the Sheriff Court underwent an overhaul with the enactment of the Sheriff Courts Act 1907. The legal cases which are heard within the Courts are dealt with by a Sheriff, a Sheriff is a Judge who is usually assigned to work in a specific Court, although some work as floating Sheriffs, who may work anywhere in Scotland. There are about a hundred and forty full-time Sheriffs in the various Courts and they are appointed on the recommendation of the Judicial Appointments Board for Scotland. The Courts are staffed by servants who are employed by the Scottish Court Service which is a public body. The Scottish Court Service publishes a map, lists of Sheriffs. There are six Sheriffdoms in Scotland, each with a Sheriff Principal, within each sheriffdom are sheriff court districts, each with a court presided over by one or more sheriffs. The most senior civil servant in each Court is the sheriff clerk, the Sheriffdoms are Glasgow and Strathkelvin, Grampian, Highland and Islands, Lothian and Borders, North Strathclyde, South Strathclyde, Dumfries and Galloway, and Tayside Central and Fife. As of 1 February 2015, there are 39 Sheriff Courts in Scotland, some, in rural areas of Scotland, are small due to the sparse population. Courts such as those in the cities of Edinburgh and Glasgow have a number of staff. Glasgow Sheriff Court, for example, is the busiest Court in Europe, Sheriff Courts are above local Justice of the Peace Courts who deal with very minor offences and below the Supreme Courts. The High Court of Justiciary deals with criminal matters, such as Murder. Any final decision of a Sheriff may be appealed, on 1 January 2016 the right of appeal to the Sheriff Principal was abolished and instead an appeal lies to the newly created Sheriff Appeal Court
Sheriff Court
–
Scottish version of the Royal Arms on the Sheriff Court building, Edinburgh
Sheriff Court
–
The main Sheriff Court in
Edinburgh.
46.
Advocate Depute
–
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majestys Lord Advocate, who under the Scottish legal system is responsible for prosecution, in Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. The day-to-day running of the Service is done by the Crown Agent & Chief Executive, the Service employs both civil servants who carry out administrative and other duties and solicitors and advocates who represent the Crown in Court. The history of the Lord Advocate, and the department of the Crown Office, is somewhat obscure. There are references on record to a kings procurator-fiscal in 1434 and 1457, the history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time. The first document reference appears in the Records of the Parliament of Scotland for 22 August 1584, the fiscal was an officer appointed by, and accountable to, the Sheriff, who by the 18th Century was responsible for most prosecutions in local areas. By the nineteenth century advocates depute were first appointed, to assist him in conducting cases in the High Court of Justiciary, the Book of Regulations is still used today in providing the framework for local prosecution in Scotland. This prosecutorial role can not be removed from her by the Scottish Parliament, the Lord Advocate is the senior of the two Scottish Law Officers, and is the chief legal adviser to the Scottish Government as well as representing its ministers in civil proceedings. He is also responsible under the Scotland Act 1998 for ensuring that each Act of the Scottish Parliament is within the competence of that Parliament, the Solicitor General can act as the deputy for the Lord Advocate. The position of Lord Advocate has been the subject of controversy, most notably sparked by Scottish High Court judges, the Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters. He also acts as Chief Executive for the Department and he acts as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. At trials in the High Court in Edinburgh, he attends as instructing solicitor, at the High Court of Justiciary prosecutions are brought by the Crown Office, who are represented in Court by Advocates Depute. Advocates-Depute are either advocates or solicitor-advocates to whom rights of audience in the High Court have been given by that Court, Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses and are responsible for the investigation and prosecution of crime. This includes the power to direct the police in their investigation, once someone has been charged with an offence and remanded in custody, the Crown must bring the case to trial within 110 days or the accused will be admitted to bail. Otherwise, in cases the trial must commence within 12 months of the date of first appearance in court. Procurators fiscal work in the local sheriffdom and most of the Fiscal offices in Scotland are either in or near the Sheriff Court, the Procurator Fiscal is also responsible for the investigation of all sudden, suspicious and unexplained deaths in Scotland. This includes the decision to call a Fatal Accident Inquiry and he or she is also responsible for the independent investigation of criminal police complaints made in that sherrifdom. The law in Scotland does not say that a crime must be prosecuted, until 1987, however, their discretion only extended to the degree to which they should prosecute, if at all, there were no alternatives to prosecution
Advocate Depute
–
Scotland
47.
Bounty hunters
–
A bounty hunter is a person who captures fugitives and criminals for a monetary reward. The term bounty hunting is now not often used or liked by many in the due to its historical context. While bounty hunters may be skiptracers as well, bounty hunting is a civil matter, when undertaking arrest warrants, agents may wear bullet-resistant vests, badges and other clothing branded with BAIL ENFORCEMENT AGENT, or similar titles. Many agents also use two-way radios to communicate each other. Many agents arm themselves with firearms, or, sometimes, with lethal weapons, such as tasers, batons. In the United States, the National Association of Fugitive Recovery Agents is the association representing this industry. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for 100% of the bail amount. This is a way of ensuring clients arrive at trial, as of 2003, bounty hunters claimed to catch 31,500 bail jumpers per year, about 90% of people who jump bail. Bounty hunters have varying levels of authority in their duties with regard to their targets depending on which states they operate in, barring restrictions applicable state by state, a bounty hunter may enter the fugitives private property without a warrant in order to execute a re-arrest. A bounty hunter cannot, however, enter the property of other than the fugitive without a warrant or the owners permission. In some states, bounty hunters do not undergo any formal training, in other states, however, they are held to varying standards of training and license. This may have been accurate at the time the decision was reached, as of 2012 Nebraska and Maine in addition to the aforementioned Illinois, Kentucky, Oregon and Wisconsin prohibited surety bail bonds. Another three states, Florida, North Carolina, South Carolina, as well as the District of Columbia heavily restrict bounty hunting, some of the more advanced schools offer specialized training in the area of tactical firearms to prepare BEAs for conducting dangerous recovery operations. Illinois abolished commercial bail, so it has no bail bondsmen, Kentucky prohibits bounty hunting in any form. Only a peace officer may make an arrest on a warrant that is issued in NCIC and this is because the state does not have a system of bail bondsmen. Earlier in state history, it was allowed, louisiana requires bounty hunters to wear clothing identifying them as one. As of 2012 Maine prohibited surety bail bonds, as of 2012 Nebraska prohibited commercial bail bonds. A Nevada bounty hunter is referred to as an enforcement agent or bail enforcement solicitor
Bounty hunters
–
The Afro-Brazilian bounty hunter looking for escaped slaves, 1823, by
Johann Moritz Rugendas.
48.
International Standard Book Number
–
The International Standard Book Number is a unique numeric commercial book identifier. An ISBN is assigned to each edition and variation of a book, for example, an e-book, a paperback and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, the method of assigning an ISBN is nation-based and varies from country to country, often depending on how large the publishing industry is within a country. The initial ISBN configuration of recognition was generated in 1967 based upon the 9-digit Standard Book Numbering created in 1966, the 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108. Occasionally, a book may appear without a printed ISBN if it is printed privately or the author does not follow the usual ISBN procedure, however, this can be rectified later. Another identifier, the International Standard Serial Number, identifies periodical publications such as magazines, the ISBN configuration of recognition was generated in 1967 in the United Kingdom by David Whitaker and in 1968 in the US by Emery Koltay. The 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108, the United Kingdom continued to use the 9-digit SBN code until 1974. The ISO on-line facility only refers back to 1978, an SBN may be converted to an ISBN by prefixing the digit 0. For example, the edition of Mr. J. G. Reeder Returns, published by Hodder in 1965, has SBN340013818 -340 indicating the publisher,01381 their serial number. This can be converted to ISBN 0-340-01381-8, the check digit does not need to be re-calculated, since 1 January 2007, ISBNs have contained 13 digits, a format that is compatible with Bookland European Article Number EAN-13s. An ISBN is assigned to each edition and variation of a book, for example, an ebook, a paperback, and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, a 13-digit ISBN can be separated into its parts, and when this is done it is customary to separate the parts with hyphens or spaces. Separating the parts of a 10-digit ISBN is also done with either hyphens or spaces, figuring out how to correctly separate a given ISBN number is complicated, because most of the parts do not use a fixed number of digits. ISBN issuance is country-specific, in that ISBNs are issued by the ISBN registration agency that is responsible for country or territory regardless of the publication language. Some ISBN registration agencies are based in national libraries or within ministries of culture, in other cases, the ISBN registration service is provided by organisations such as bibliographic data providers that are not government funded. In Canada, ISBNs are issued at no cost with the purpose of encouraging Canadian culture. In the United Kingdom, United States, and some countries, where the service is provided by non-government-funded organisations. Australia, ISBNs are issued by the library services agency Thorpe-Bowker
International Standard Book Number
–
A 13-digit ISBN, 978-3-16-148410-0, as represented by an
EAN-13 bar code
49.
OCLC
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The Online Computer Library Center is a US-based nonprofit cooperative organization dedicated to the public purposes of furthering access to the worlds information and reducing information costs. It was founded in 1967 as the Ohio College Library Center, OCLC and its member libraries cooperatively produce and maintain WorldCat, the largest online public access catalog in the world. OCLC is funded mainly by the fees that libraries have to pay for its services, the group first met on July 5,1967 on the campus of the Ohio State University to sign the articles of incorporation for the nonprofit organization. The group hired Frederick G. Kilgour, a former Yale University medical school librarian, Kilgour wished to merge the latest information storage and retrieval system of the time, the computer, with the oldest, the library. The goal of network and database was to bring libraries together to cooperatively keep track of the worlds information in order to best serve researchers and scholars. The first library to do online cataloging through OCLC was the Alden Library at Ohio University on August 26,1971 and this was the first occurrence of online cataloging by any library worldwide. Membership in OCLC is based on use of services and contribution of data, between 1967 and 1977, OCLC membership was limited to institutions in Ohio, but in 1978, a new governance structure was established that allowed institutions from other states to join. In 2002, the structure was again modified to accommodate participation from outside the United States. As OCLC expanded services in the United States outside of Ohio, it relied on establishing strategic partnerships with networks, organizations that provided training, support, by 2008, there were 15 independent United States regional service providers. OCLC networks played a key role in OCLC governance, with networks electing delegates to serve on OCLC Members Council, in early 2009, OCLC negotiated new contracts with the former networks and opened a centralized support center. OCLC provides bibliographic, abstract and full-text information to anyone, OCLC and its member libraries cooperatively produce and maintain WorldCat—the OCLC Online Union Catalog, the largest online public access catalog in the world. WorldCat has holding records from public and private libraries worldwide. org, in October 2005, the OCLC technical staff began a wiki project, WikiD, allowing readers to add commentary and structured-field information associated with any WorldCat record. The Online Computer Library Center acquired the trademark and copyrights associated with the Dewey Decimal Classification System when it bought Forest Press in 1988, a browser for books with their Dewey Decimal Classifications was available until July 2013, it was replaced by the Classify Service. S. The reference management service QuestionPoint provides libraries with tools to communicate with users and this around-the-clock reference service is provided by a cooperative of participating global libraries. OCLC has produced cards for members since 1971 with its shared online catalog. OCLC commercially sells software, e. g. CONTENTdm for managing digital collections, OCLC has been conducting research for the library community for more than 30 years. In accordance with its mission, OCLC makes its research outcomes known through various publications and these publications, including journal articles, reports, newsletters, and presentations, are available through the organizations website. The most recent publications are displayed first, and all archived resources, membership Reports – A number of significant reports on topics ranging from virtual reference in libraries to perceptions about library funding
OCLC
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Fred Kilgour (1st director of OCLC)
OCLC
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Online Computer Library Center (OCLC)
OCLC
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OCLC headquarters (Ohio)
OCLC
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OCLC offices in Leiden (the Netherlands)
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Dorset Police
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Dorset Police is the territorial police force responsible for policing the English county of Dorset in the south-west of England. Dorset County Constabulary was formed in 1855, on 1 October 1967 it merged with Bournemouth Borough Police to form Dorset and Bournemouth Constabulary. On 1 April 1974 this force took over some areas from Hampshire Constabulary, in 1965, Dorset County Constabulary had an establishment of 544 and an actual strength of 466. 51% of Dorsets 687,000 Population reside in 5% of the area, within the tourist season this number rises by another 300,000. As of April 2008, the force was divided into two Divisions, Bournemouth and Poole Division and Dorset County Division and this restructuring is in line with force policy of recreating a Neighbourhood-led police force and matches up with the local councils wards, to monitor local statistics. Dorset Police often work with organisations to assist in emergencies, such as Dorset Search and Rescue who assist in the search. The Chief Constable is Debbie Simpson, the despartment is split into six sub-departments including, Child Protection Investigation, Scientific Support, Intelligence, Fraud Squad, Special Squad and HOLMES. Dorset Police is responsible for policing sections of 14 A roads including A338, A35, A350, A354, there are no motorways located within Dorset. Dorset Police have a total of ~450 vehicles, from 20 different manufacturers, the Dorset Police Ports Policing Unit is responsible for policing all designated and non-designated ports in Dorset, making sure that legislation is followed, particularly the Terrorism Act 2000. It also obtains any intelligence on smuggling and contraband, Ports in Dorset include Poole Harbour, Swanage Harbour, Portland Harbour, Weymouth Harbour, Christchurch Harbour and Bournemouth Airport. Dorset Police Marine Unit is responsible for policing the 89 miles of Dorsets coastline, Dorset Polices Armed Response Group is a 24/7 sub-department of the Operations department that responds to major and serious crimes where firearms are involved. The unit responds to incidents with the capability of firearms and Taser deployment and they are currently working hard to crack-down on imitation firearms. BMW X5s are the vehicle used by this unit in black or dark blue. Dorset Police has had a Dog Section since 1953, the unit is based in Eastern Division HQ in Ferndown, the unit comprises 1 Inspector,2 Sergeants and 18 Constables and almost 30 dogs, including German Shepherds, Labradors and English Springer Spaniels. On 29 June 2012 The Police Order 2012 came into effect and this order created the NPAS which became operational 1 October 2012. Dorset Police Headquarters, Winfrith, was home to the MD902 helicopter, until September the 26th 2014 when it was moved to Bournemouth international airport in Dorset on a permanent basis. Winfrith is also home to the Dog Section and is where new officers are trained, female officers wear a bowler hat, or a white bowler hat for traffic officers. When on duty officers wear black wicking T-shirts, and black combat trousers, Dorset Police no longer use the traditional police jumper, having favoured the black fleece with police written on the chest and back
Dorset Police
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Dorset Police Crest
