Conclusion
Statutory rape is one of the more difficult subjects in criminal justice. Every actor in the law enforcement community wants to strike a balance between ensuring that a victim is adequately protected and imposing realistic punishments that are proportionate to the level of the crime. To help ensure this, many states have lowered punishments when offenders are under the age of 21 with victims over a certain age limit. That way, while still penalizing inappropriate sexual contact, they differentiate that subclass of statutory rapists from child predators. Some people even suggest that statutory rape laws. However, in the vast majority of statutory rape scenarios, the age difference between victim and offender is greater than six years, suggesting that these offenders do qualify as child predators and should be treated as such.
eferences
Burrell, J. (2009). Teens, sex, and the law. etrieved September 26, 2009 from About.com
Web site: http://youngadults.about.com/od/legalissues/a/statutoryrape.htm
Carpenter, C. (2006). The constitutionality…...
mlaReferences
Burrell, J. (2009). Teens, sex, and the law. Retrieved September 26, 2009 from About.com
Web site: http://youngadults.about.com/od/legalissues/a/statutoryrape.htm
Carpenter, C. (2006). The constitutionality of strict liability in sex offender registration laws.
Retrieved September 26, 2009 from Boston University
ife of Bath's Tale -- Revised Circa 2014
hat are the deepest, darkest, sensual secrets of young women?
In this play, 18-year-old Jim, his older sister Erica and his mother, Ellen, share a home just a few miles from the Pacific Ocean in Santa Barbara, California. Jim lives in a cozy guest house in back of the main house. It has skylights, a full kitchen and bath, a private deck in back (with a view of the neighbor's back yard), and a bedroom that has posters of volleyball players, track athletes and surfers, many of them gorgeous women. He is strikingly handsome, wears his blond hair long, has blue eyes and strong tanned body from playing soccer, surfing, and weight-lifting. He graduated a month ago and is planning to attend a nearby community college in the fall -- with a major in communications.
Erica is a junior at a university in northern California,…...
mlaWorks Cited
Chaucer, Geoffrey. The Wife of Bath. New York: Start Publishing, LLC. 2012.
In “Crimes Which Startle and Horrify: Gender, Age, and the Racialization of Sexual Violence in White American Newspapers, 1870-1900,” Estelle Fredman situates rape as a series of interconnected power relations, focusing on the intersection between race and gender in particular. Fredman analyzes the historical context of rape, showing how rape is socially constructed in ways that reinforce patriarchal and racist norms. Besides the cogent thesis driving Fredman’s work, the author also relies on a tight methodology, focusing on media accounts in nineteenth century American newspapers geared to primarily white male readers. Fredman claims that the media proliferated the two central archetypes that defined American social and political hierarchies for the coming generations: the black male sexual predator and the innocent, vulnerable child victim. Fredman begins the article with a brief introduction to the historiography of rape. The rise of the popular media during the late nineteenth century was especially critical for…...
Rape Case Law and Jurisprudence
Panichas[footnoteRef:2] discriminated between aggravated rape and lesser offenses in a review of Stephen Schulhofer's book Unwanted Sex: The Culture of Intimidation and the Failure of Law. When the use of violence or its threat is used to overcome a victim's lack of consent, immediately before the assault, and this is clearly demonstrated by the evidence presented in court, then aggravated rape has occurred. If, however, victim nonconsent is questionable and the immediate use or threat of force is absent or ambiguous, then a rape conviction will not survive appeal in most states. As Panichas notes, rape jurisprudence has historically relied on common law and appellate decisions when judging whether allegations of rape have any merit and three criteria are prominent: (1) actual/credible use or threat of force, (2) force must be physical, and (3) nonconsent in the absence of force is insufficient to support a…...
The precedence set by this attorney, though it was not answered by a maelstrom of other counties resurrecting rarely if ever used common laws, does prove interesting, on the issue of rape as well as many other laws that are hardly if ever used but not stricken from the books, as of yet.
Though Idaho is no longer considered a "common-law" state with regard to domestic situations, i.e. regarding the determination of marital status and on other issues it is legitimately still very demonstrative of common law history, a fact that can be attested to by the ability of a single do-gooder to choose to enforce a law that was previously ignored. Other issues, such as common property, among domestic partners, are a later adoption of a common law practice, in Idaho. For the most part it makes sense that legal situations in low population areas could and possibly still…...
mlaReferences
Aho, J.A. (1990). The Politics of Righteousness: Idaho Christian Patriotism. Seattle, WA: University of Washington Press.
American Prosecutors Research Institute State Rape Statutes p. 8 Retrieved November 20, 2007 at http://www.arte-sana.com/articles/rape_statutes.pdf
Bonner, J.R. (2002). Reconceptualizing VAWA's "Animus" for Rape in States' Emerging Post-VAWA Civil Rights Legislation. Yale Law Journal, 111(6), 1417.
Bryden, D.P., & Lengnick, S. (1997). Rape in the Criminal Justice System. Journal of Criminal Law and Criminology, 87(4), 1194-1384.
Nathaniel Hawthorne's The Scarlett Letter explores the method of public shaming as a form of legitimate legal sentencing. In the novel, Hester Prynne has an affair with Reverend Dimmesdale. Even though her husband has practically abandoned her and lives in another country, she is punished for what was in Puritan America considered a crime. The punishment reflects Puritanical values related to female sexuality, and reveals ways a patriarchal society controls women's choices by monitoring and controlling their private lives. Given private and domestic spheres were the only realms women had any degree of power, the control over women's sexuality in The Scarlett Letter shows how patriarchy becomes entrenched and immutable. Moreover, the use of public shaming to sentence Prynne serves an overarching function of social control. Religion, a core theme in The Scarlett Letter, is the vehicle of that social control and the law is also used to enforce and…...
By Goodman's analysis, the systematic murder of one million people motivated by the specific intention of genocide is morally worse than the systematic murder of one million and one people selected arbitrarily. The author does not explain why the motivation for unjustified murder is such an important distinction; it would seem that unjustified murder is always wrong and that the scale of victims is always a more accurate measure of that moral offense than the reason or intent behind unjustified murder of innocent people.
Polygamy, Rape, Incest, and Genital Mutilation
Professor Goodman's reasoning about polygamy, rape, incest, and genital mutilation represent his weakest line of reasoning. Specifically, his view of polygamy completely ignores the issue of gender inequality and suggests that polygamy is necessarily harmful to women. The obvious counterargument is that this is only true because of the extent to which women are already objectified and comparatively powerless in patriarchal…...
Moreover, the television show uses the same tactics that law enforcement does when they want to catch sexual predators online. Both law enforcement and the staff of "To Catch a Predator" pretend to be young people. By playing the same game as the sexual predator, police are effectively capturing criminals before they get away with their crimes. Although sneaky, the method of luring sexual predators using their own game is one of the most effective ways of preventing the problem. Knowing they can get easily caught, the sexual predator might think twice before befriending a new child. Using this method of capturing criminals, law enforcement can prevent predators from victimizing young people psychologically, sexually and violently.
Sexual predators should be prosecuted to the full extent of the law. In Canada, the law "makes it a criminal offense to use the Internet to lure or exploit children for sexual purposes," (Media Awareness…...
mlaWorks Cited
Camber, Rebecca. "Arrogant Facebook failing to tackle paedophile threat,' claims child protection expert." Mail Online. 9 Apr 2010. Retrieved online April 10, 2010 from http://www.dailymail.co.uk/news/article-1264609/Facebook-tackling-paedophile-threat-child-protection-expert-claims.html#ixzz0khN214sB
Doctorow, Cory. "Sexual Predators Online: The Real Story." Boing. 2007. Retrieved April 10, 2010 from http://boingboing.net/2007/06/13/sexual-predators-onl.html
Family Watchdog. Website retrieved April 10, 2010 from http://www.familywatchdog.us/
"Internet Predators." Wired Kids. Retrieved April 10, 2010 from http://www.wiredsafety.org/internet_predators/index.html
achel Faybyshev
Professional Issues and Ethics in Counseling
Dr. Aaron Lieberman
Ethical Issues
Ethics and law are two concepts that are intertwined in the field of mental health though they have their own differences. According to Corey, Corey, Corey & Callahan (2014), law is a term that refers to the basic standards that will be tolerated by the society and imposed by government while ethics refers to the ideal standards that are established and imposed by professional associations. Medical professionals are faced with the need to be aware of any unethical behavior and practice since they can generate legal repercussions and affect licensure. This is an extremely important consideration for medical professionals, especially mental health practitioners who deal with situations that are likely to generate legal and ethical issues. An example of such as situation is Monique's situation, which has multiple relevant ethical and legal issues that need to be addressed effectively.
Ethical and…...
mlaReferences
Corey, G., Corey, S. C, Corey, C., and Callahan, P. (2014). Issues and Ethics in the Helping Professions (9th ed.). Stamford, CT.: Brooks/Cole.
Counseling Connection. (2013, March). Ethical Issues in Counseling. Retrieved November 26, 2016, from http://www.counsellingconnection.com/wp-content/uploads/2013/03/Legal-and-Ethical-Issues-11.pdf
Gender Bias in the U.S. Court System
Statistics regarding male and female criminality
Types of cases involving women and men
Sentencing guidelines for judges imposed to diminish disparities
Feminists say women should get less jail time
Number of women vs. men arrested
omen committing misdemeanors get little or no jail time
Death penalty cases
10% of murder cases are perpetrated by women
Leniency of juries on women defendants
Easier for women to be treated leniently by juries
Sex crimes involving men and women adults vs. teens and children
omen are always given less punishment than men in this area
Reaction of judges towards female defendants
Male judges
Female judges
Body
a. Chivalry Theory of women perpetrators
Body
Focal Concerns theory of women perpetrators
Conclusion
In both the Constitution and Declarations of Independence, two of the most important documents in American history, it is promised by the very foundations of the government that all people will be treated the same way throughout the nation and in all circumstances, no matter what. The…...
mlaWorks Cited:
Brockway, J. (2011). Gender bias and the death penalty. Death Penalty Focus. Retrieved from http://www.deathpenalty.org/article.php?id=568
Crew, K. (1991). Sex differences in criminal sentencing: chivalry or patriarchy? Justice
Quarterly. (8:1). 59-83.
Doerner, J. (2012). Explaining the gender gap in sentencing outcomes: an investigation of differential treatment in U.S. federal courts. Bowling Green State University.
She also presents a lengthy notes and iliography section in the ook, including appendixes, which help indicate the depth of her research and study into her topic. This helps make the ook even more credile and elievale, and indicates she understands her topic well, and presents valid and interesting arguments, acked up with factual research. She uses primary and secondary sources, such as newspapers, pulications, journals, and private papers in an attempt to gain as much information as possile to ack up her thesis and key ideas.
This ook elongs on the ookshelf of anyone interested in women's history, sociology, and even criminal justice. It indicates the way morals and society were changing at the turn of the century, and how throughout reform and proper sexual conduct, whites still maintained a clear control over minorities, even in the courts and in sexual conduct. The ook is a fascinating look into…...
mlabibliography section in the book, including appendixes, which help indicate the depth of her research and study into her topic. This helps make the book even more credible and believable, and indicates she understands her topic well, and presents valid and interesting arguments, backed up with factual research. She uses primary and secondary sources, such as newspapers, publications, journals, and private papers in an attempt to gain as much information as possible to back up her thesis and key ideas.
This book belongs on the bookshelf of anyone interested in women's history, sociology, and even criminal justice. It indicates the way morals and society were changing at the turn of the century, and how throughout reform and proper sexual conduct, whites still maintained a clear control over minorities, even in the courts and in sexual conduct. The book is a fascinating look into a society on the brink of changing values, morals, and ideals, and it indicates the true power men held over women during this time, and why reformers were so anxious to change the balance of power. It is also a compelling look at the history of young women and their sexual maturation. In many ways, these young women are not so different from the young women of any generation. They are searching for themselves, attempting to make a difference, and longing to break the bonds with the past and create their own, unique future. Each generation attempts to break with their parents' ideals and morals, at least to some extent, and these young women, torn between the Victorian and Progressive eras, are no different. The author portrays the cases and their participants with detail and with just enough of her own ideas to make the reader understand the nature of sexual reform in America, along with how increasingly; women became the victims of the courts because of their behavior, besides often being the victims of familial sexual abuse. It is a look back in time to a period when not much has been written about women and the court system, and it is fascinating, troubling, and eye opening.
In conclusion, this is a fascinating look into the sexual mores of Victorian America, and how society policed those mores throughout society. The author shows how young women of the time where changing, creating new responsibilities for themselves, and becoming more modern and open, at a time when their parents simply wanted to control them and their activities. Young women were moving out of the domestic sphere, making new lives for themselves, and even consorting with men, and it frightened conservative society. They responded by creating strict laws regarding sexuality, and enforcing those laws in a strict and moral setting. This book really illustrates the dawning of a new age in America, where Victorian values would slowly disappear, and young women would begin to experience more freedom and opportunity in their lives.
References
Odem, Mary E. Delinquent Daughters: Protecting and Policing Adolescent Female Sexuality in the United States, 1885-1920. Chapel Hill, NC: University of North Carolina Press, 1995.
Clery Act
The Freedom Information Act of 2002 reported 2,351 occurrences of forcible sex offenses on campus and 1,670 in residence halls; 2,953 aggravated assaults on campus; 2,147 robberies on campus and 29,256 burglaries also on campus; and 1,098 arsons on campus in that year alone. This was the summary of campus crime statistics released by the U.S. Department of Education (Security on Campus 2004).
This document and national studies reveal the prevalence of sexual assault on both male and female college and university students. In a number of these recent surveys conducted in approximately 6,000 schools, one of four female students admitted to having been subjected to forced sexual contact or forced sexual intercourse and that 90% of them knew their offenders. At the time of assault, 75% of these male students and 55% of the female were either drunk or under the influence of drugs (Security on Campus).
The awareness of…...
mlaBibliography
Clery, Connie and Howard. (2001). What Jeanne Didn't Know. Security On Campus, Inc. http://www.securityoncampus.org/aboutsoc/didntknow.html
Security on Campus. (2004). Campus Crime Statistics Summary. http://www.securityoncampus.org/crimestats/index.html
2002). What to Do If You Become a Victim of Campus Sexual Assault. Security on Campus, Inc. http://www.securityoncampus.og/victims/campussexualassault.html
United States Congress. (2001). Campus Sexual Assault Victims' Bill of Rights. Higher Education Amendments of 1992.Victim Assistance: Security on Campus, Inc. http://www.securityoncampus.org/victims/billofrights.html
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to…...
mlaBibliography
Mary Kay Kisthardt, of Fatherhood, Families and Fantasy: The Legacy of Michael H. v. Gerald D., 65 Tul. L. Rev. 585, 588 (1991).
Marianne M. DeMarco, Delineation of the Boundaries of Putative Father's Rights: A Psychological Parenthood Perspective, 15 SETON HALL L. REV. 290, 291 n.7 (1985).
Rita Meiser & Marcie Velen, the History of Adoption. April 29, 2005).http://www.researchetcinc.com/history.hml .(Visited
Suellyn Scarnecchia, Defining Family: Adoption Law and Policy Adoption Rights, 2 Duke J. Gender L. & Pol'y 41, 41-42 (1995).
Government
The Trafficking Victims Protection eauthorization Act
Final Project / Dissertation
Degree: Juris Doctorate Specialized
Major:
Specialization: Constitutional Law
Full Address:
The Trafficking Victims Protection eauthorization Act
This paper reviews the rights and protection that a state and federal government official provides to citizens that have been the subject of human trafficking crimes. Citizens need the protection of the police and other law enforcement officials to report human trafficking crimes and to protect and assist those that need their assistance. This paper will seek to explain the definition of human trafficking, how it works, victim support, issues with upholding and implementing legislature and the solutions which can be used to satisfy the public.
Table of Contents
Introduction
eview
Elements of Human Trafficking
Victims of Trafficking and Violence Protection Act of 2000
TVPA (2008)
Mann Act
Travel Act
Alien Smuggling, Harboring and Transportation
United States
New York State's Human Trafficking Law
19 FBI Initiatives
Internationally
United Nations Convention against Transnational Organized Crime
The Protocol to Prevent, Suppress and Punish Trafficking in Persons
An Effective esponse…...
mlaReferences
1. The Crime of Human Trafficking: A Law Enforcement Guide to Identification and Investigation. (n.d.). http://www.vaw.umn.edu/documents/completehtguide/completehtguide.pdf
2. Trafficking in Persons Report. (2006). Washington, DC.: U.S. Department of State.
3. United States Constitution Bill of Rights. (n, d.). http://topics.law.cornell.edu/constitution/billofrights
4. 13th Amendment to the U.S. Constitution: Abolition of Slavery (1865). (n.d.)
ethics of abortion. The writer takes one case of a requested abortion and explores its ethical possibilities. The writer uses several cases to argue that this case is ethically sound for the performance of an abortion. There was one source used to complete this paper.
Abortion has always been a very sensitive issue. Most of the nation is divided into two camps, pro-choice, and pro-life. Those who are in the pro-choice camp believe that abortion is the choice of the woman because it is her body and her life that will be forever altered by having a baby. Those that are pro-life believe it is the killing of a child and should never be done. Abortion has held its position as one of the most heated and emotional topics in the country for many years. For pro-choice and pro-life advocates most cases are clearly cut and dry as to their…...
mlaDOE v. BOLTON, 410 U.S. 179 (1973)
410 U.S. 179
http://www.priestsforlife.org/government/supremecourt/7301doevbolton.htm
Sexual assault is a serious problem, but has not always been treated as such by the legal community. In fact, throughout much of history, rape and other forms of sexual assault were not really treated like crimes. Once they were criminalized, they were treated much more like property times than crimes against the person. What makes this more difficult to understand is that they were not even treated like property crimes committed against the victim, but against a male in the victim’s life, such as a father or husband. Sexual assault victims were often legally....
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