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Process of a case in the American Court System.

  1. Explain, in detail, the entire process of a case in the American Court System.
  2. Define Use of Force. Explain the degree of force that is permitted and, in detail, when it can be used.
  3. Define Corporal Punishment. Explain what can and cannot be done and when it can and cannot be used.
  4. For sentenced (convicted) inmates, explain visitation rights to include attorneys, conjugal visits and news media.
  5. Explain the differences between sentenced and pretrial detainees when it comes to visitation to include attorneys, news media and searches.
  6. Explain the rights and restrictions on inmate mail to include books, magazines and packages.
  7. Detail the communications allowed with courts, attorneys, non judicial public officials, inmates in other institutions and news media by inmates.
  8. Explain the application of the 8th Amendment when it comes to Isolated Confinement and the conditions that are subject to review.
  9. Explain the 11 specific areas of Constitutional Concern as described in the textbook.
  10. Explain what a “jailhouse” lawyer is and when they can be used. Explain what a reasonable alternative is. Describe what access to legal materials an inmate and the “jailhouse” lawyer have.

Sample Solution

ts own people or have unjustly taken land from the home nation (Begby et al (2006b), Page 310&313); to “teach its enemies a lesson,” but mainly to achieve the aim of war. This validates Aristotle’s argument: ‘there must be war for the sake of peace (Aristotle (1996), Page 187). However, Frowe argues “self-defence” has a plurality of descriptions, seen in Chapter 1, showing that self-defence cannot always justify one’s actions. Even more problematic, is the case of self-defence in war, where two conflicting views are established: The Collectivists, a whole new theory and the Individualists, the continuation of the domestic theory of self-defence (Frowe (2011), Page 9& 29-34). More importantly, Frowe refutes Vittola’s view on vengeance because firstly it empowers the punisher’s authority, but also today’s world prevents this action between countries through legal bodies like the UN, since we have modernised into a relatively peaceful society (Frowe (2011), Page 80-1). Most importantly, Frowe further refutes Vittola through his claim that ‘right intention cannot be used as an excuse to wage war in response to anticipated wrong,’ suggesting we cannot just harm another just because they have done something unjust. Other factors need to be considered, for example, Proportionality. Thirdly, Vittola argues that war should be avoided (Begby et al (2006b), Page 332) and that we should proceed circumstances diplomatically. This is supported by the “last resort” stance in Frowe, where war should not be permitted unless all measures to seek diplomacy fails (Frowe (2011), Page 62). This means war shouldn’t be declared until one party has no choice but to declare war, in order to protect its territory and rights, the aim of war. However, we can also argue that the war can never be the last resort, given there is always a way to try to avoid it, like sanctions or appeasement, showing Vittola’s theory is flawed. Fourthly, Vittola questions upon whose authority can demand a declaration of war, where he implies any commonwealth can go to war, but more importantly, “the prince” where he has “the natural order” according to Augustine, and all authority is given to him. This is further supported by Aristotle’s Politics ((1996), Page 28): ‘a king is the natural superior of his subjects.’ However, he does later emphasise to put all faith in the prince is wrong and has consequences; a thorough examination of the cause of war is required along with the willingness to negotiate rival party (Begby et al (2006b), Page 312& 318). This is supported by the actions of Hitler are deemed unjustly. Also, in today’s world, wars are no longer fought only by states but also non-state actors like Al-Queda and ISIS, showing Vittola’s normative claim on authority is outdated. This is further supported by Frowe’s claim that the leader needs to represent the people’s interests, under legitimate auth
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