Answer:
It is TRUE that Aggravating circumstances differ widely in their significance; therefore, their content is more important than how many there are in determining the number of death-eligible offenses.
Explanation:
“Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. ... Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.“
The Superior Court of New Jersey decided that (select 3 of the answer options below): a. The jury verdict should be reinstated. b. The Pagans were liable for the assault. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. e. Kerkoulas violated her duty of care because she knew of a likely danger to visitors.
Answer:
A,C,E
Explanation:
The Superior Court of New Jersey decided to uphold the jury verdict and the trial court ruling, also stating that a bar owner usually does not have a general duty of care toward patrons.
Explanation:The Superior Court of New Jersey reviewed the case and made the following decisions: a. The jury verdict should be reinstated. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. This highlights the complex nature of the legal system and the necessity for accurate interpretation of laws and precedents.
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You are a criminal defense attorney who has been asked to represent two youths who engaged in "gay bashing" against a homosexual male. The two defendants, both males, were propositioned by the victims in a bar near a college campus. In response to the solicitation by the victim, your clients brought the victim to a motel under the guise of a romantic encounter but once the three arrived, the two youths attacked the victim, beating him with fists, feet, and clubs. The victim sustained serious injuries and was in a coma for ten days.
The two suspects were arrested a few days after the assault and contacted you to represent them. You have taken a strong and very public stance against gay people and same-sex marriage. You have also tried to influence Congress to repeal hate crime legislation, stating that it unfairly discriminates against some types of victims. This public stance was the main reason the two suspects contacted you to represent them.
Questions
Do you agree to represent the two suspects or turn them down? Why?
If you agree to represent the two suspects, could you separate your personal biases against gays and adequately represent them?
Do you think your public (and personal) stance on homosexuality will adversely affect the jury? If so, in what ways?
Should there be a different standard of justice on the basis of race, religious beliefs, or sexual orientation? Why or why not?
Would you use the homosexual advance theory in this case? Why or why not?
Answer:
You press charges.
Explanation:
If someone is "gay bashing" it is law to press charges.
1. Which body parts are most protected by the head restraint in a vehicle? A. Head, hands, and neck B. Neck, spine, and torso C. Head, back, and shoulders D. Arms, shoulders, and hands
Answer:
ID GUESS B IF ANYTHING
Explanation:
LOGIC
Neck, spine, and torso are most protected by the head restraint in a vehicle
Why are head restraints used in automobiles?In addition to obstructing the rear view and providing a pleasant place to rest your head while driving, head restraints, also known as headrests, are crucial for protecting the head and neck in auto accidents and reducing the risk of whiplash. The main purpose of headrests in cars is safety; they're designed to lessen whiplash, a painful consequence of the head and neck moving backward during a rear collision.
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Contributions to PACs are protected by: a. the due process clause. b. the First Amendment. c. various state laws, but not protected at the federal level. d. none of the above
Answer:
b. the First Amendment.
Explanation:
The First Amendment Protects Both Political Donations and Campaign Spending
What is the monetary floor an federal government contractor must meet to have executive order 11246 imposed?
Answer:
Explanation: Executive Order 11246 originally issued by President Johnson in 1965 but which was On July 21, signed into law by President Obama. The order which provides requirements for the non-discriminatory practices in the process of hiring and overall employment of contractors.
The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over Ten Thousand Dollars in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
It requires federal contractors with fifty or more employees and Fifty Thousand dollars or more in federal contracts to develop written affirmative action plans for women and minorities.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs is tasked with enforcing this E.O.
Answer:
Prohibition of contractors who earn above $10000 to discrimination.
Explanation:
The Executive Order prohibits federal contractors and federally‐assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin
Congress has the power to overturn an executive order by passing legislation that invalidates it. ... In the case of the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order.
When a case is remanded: a. it is affirmed. b. it is sent back to the trial court. c. it is completed. d. precedent is not being followed. e. none of the above
Answer:
b. it is sent back to the trial court.
Explanation:
The remand court procedure is used by higher courts to send cases back to lower courts for further action.
What court case established the principle of judicial review
Answer:
Judicial Review was established by the landmark decision in Marbury v. Madison, 1803.
Explanation:
Judicial review is the ability of court to decide if any law violates the constitution.
The United States Courts of Appeals are: Select one: a. The original jurisdiction for filing actions for civil rights actions against the United States. b. Located in each state in the union. c. Regional federal courts which hear appeals from lower federal courts.
Answer:
Option C, Regional federal courts which hear appeals from lower federal courts.Explanation:
The United States Courts of Appeal or the Circuit Courts hear appeals from district court as well as appeals from decisions of federal administrative agencies.
When the decision passed by the lower feral courts fail to resolve disputes, the concerned parties may file an appeal from the United States Courts of Appeal to resolve the case.
Most cases of appeals are finalized in these courts. The court of appeals' decision usually is the final decision in most cases, unless the parties ask the U.S. Supreme Court to review the case through an appeal again.
Formal rulemaking differs from informal rulemaking in: a. public notice is required for formal rulemaking not informal. b. a public comment period is needed for formal rulemaking but not informal. c. no modification period exists in formal rulemaking. d. none of the above
Answer:
Option D is correct
Explanation:
Informal rule process doesn't require hearings to be conducted on proposed rules but public comment is required for crafting regulations in a manner that reflects the stake holders popular opinions.
A formal rule requires a hearing process to be conducted in other to deliberate on the proposed rules.
The criminal justice system includes Select one: a. families, schools, and churches. b. neighborhoods, communities, and cities. c. prisons, probation, and treatment centers. d. police, courts, and prisons.
Answer: d. police, courts, and prisons.
Explanation:
The criminal justice system is the justice delivery system for those who have committed crime and for those who were victimized by the crime. The criminal justice system exhibit an objective to penalize the wrong doer and provide justice to the innocence. The criminal justice system includes the police, courts and prisons. The police is responsible for investigation of crime, courts help in determining who has committed the crime and penalizing the criminal and the prisons are for detention of criminals.
The Supremacy Clause: a. controls whether Congress or the states have the authority to regulate commerce. b. gives Congress full authority to regulate all areas of commerce. c. is never applied in state regulation cases. d. none of the above
Answer:
D. None of the above
Explanation:
Supremacy clause was introduced in the new Jersey Plan. It was put up for motion by Luther Martin and was passed unanimously.
The supremacy clause is mentioned in the fourth article of the US constitution, It states that the federal laws are superior to all other laws in US. Federal law takes precedence over state laws and other state constitutions. It was upheld in cases such as Pennsylvania v. Nelson and McCullough v. Maryland.
In June, Leslie wins a cash prize of $2,000. She plans to use this money to pay her tuition bill in September. Leslie puts this money in a savings account because her main priority is _____. A. receiving the maximum amount of interest possible B. liquidity, since she'll need to use the money in a short time C. taking a risk in hopes that she'll get a high return D. making a safe long-term investment
Answer:
B
Explanation:
Because Leslie will be needing the money in 3 months time from June. Her priority is to ensure flexible cash flow, so that she could pay her tuition fees in Sept.
Leslie gets a reward of $2,000 in June, and intends to utilize the money to pay the September tuition bill. Then the liquidity is the main priority, since she'll need to use the money in a short time.
Option B is correct.
What is liquidity?Liquidity refers to the emergency savings account or cash on hand that an individual can access in the event of an emergency or financial catastrophe.
This conversion can be made within the one year of time.
Leslie will require the funds in three months from June in the scenario provided.
Her top objective is to have a flexible cash flow, so she can pay her tuition in September.
Therefore, option B is correct.
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What was the subject of Craemer v. Washington (1897), Robinson v. United States (1945), and Williams v. New York (1949)?
Answer:
Sentencing
Explanation:
Craemer v. Washington (1897) In this case, which was an indictment for murder, the verdict being "guilty as charged," and judgment of condemnation to death thereon being armed by the supreme court of the state, and this Court having determined, on a former petition by the petitioner that it had no jurisdiction to review that judgment, Craemer v. Washington state, 164 U.S. 704, and the time appointed for execution having passed pending all these proceedings, it was within the power of the state court to make a subsequent appointment of another day therefor, and to issue a death warrant accordingly, and a judgment to that effect involved no violation of the Constitution of the United Staten.
Robinson v. United States (1945) In the case of a defendant who twice violently struck his victim on the head with an iron bar, inflicting injuries from which she was still suffering when liberated, and upon whom the death sentence was imposed, the proviso was not invalid for uncertainty in the meaning of the words "unharmed" and "liberated unharmed."
Williams v. New York (1949)? After a fair trial, appellant was convicted of murder in the first degree and the jury recommended life imprisonment. After considering information as to his previous criminal record without permitting him to confront or cross-examine the witnesses on that subject, the trial judge sentenced him to death.
The key subject of the cases Craemer v. Washington (1897), Robinson v. United States (1945), and Williams v. New York (1949) revolves around the issues of criminal procedure and judicial discretion during sentencing.
These landmark cases in the United States Supreme Court deal with significant aspects of criminal procedure and judicial discretion:
Craemer v. Washington (1897): This case addressed the constitutional validity of state laws allowing judges to have discretionary power in sentencing, examining due process rights.Robinson v. United States (1945): This case discussed the application of the Fifth Amendment’s Double Jeopardy Clause in the context of sentencing, involving whether enhanced sentences could be applied without violating constitutional protections.Williams v. New York (1949): This pivotal case dealt with the extent of a judge’s discretion in utilizing information outside the trial record to determine sentencing, raising concerns over the Sixth Amendment’s right to confrontation and the Fourteenth Amendment’s due process rights.
Through these decisions, the Supreme Court shaped the understanding of judicial authority, due process, and the constitutional guarantees in criminal sentencing. These cases collectively underscore the balance between judicial discretion and defendants’ rights within the United States legal system.
Jamie wanted to find out if the majority of people in Texas favored the death penalty. So, he surveyed 25 students in his criminal justice class and found that 85% of them strongly supported the death penalty. Jamie therefore concluded that Texans strongly support the death penalty. Which of the following is trueJamie's conclusion is not strongly supported based on her research
Answer: Based on Jamie's research, her conclusion is not strongly supported.
Explanation:
Based on Jamie's research, her conclusion cannot be termed as strongly supported, because you cannot base the research that concerns an entire state on the opinion of just 25 people.
Jamie's scope of research would demand that she samples the opinion of more people across Texas before her conclusion would be accepted.
A client is a citizen of a foreign country known for corruption. The client asks an attorney with whom he previously had no professional relationship to help the client purchase an expensive apartment with cash. During a meeting to discuss the details of this purchase, the client tells the attorney that the client would like to structure the purchase so that it would be very difficult if not impossible for someone to find out that the client purchased the property. When the attorney asked why, the client winked and said "I don't like the government knowing what I am doing." The attorney agreed to accept the representation and said that he would structure the transaction so that the client was the sole shareholder in a corporation which owned another corporation which purchased the apartment with cash. This corporate structure made it extremely difficult for anyone to determine the client's identity as the purchaser of the property. The client had stolen the funds that were used to purchase the apartment.Is the attorney subject to discipline?(A) Yes, because Rule 1.16(a) requires a lawyer to reject representation if the representation will result in violation of law. Here, the attorney helped his client conceal assets, which is a violation of 18 U.S.C. § 1956 because the assets were the proceeds of a crime.(B) No, because it is not illegal to create a corporation and thus the attorney may set up a corporation that owns another corporation that purchases real estate.
Answer:
A) Yes, because Rule 1.16(a) requires a lawyer to reject representation if the representation will result in violation of law. Here, the attorney helped his client conceal assets, which is a violation of 18 U.S.C. § 1956 because the assets were the proceeds of a crime.
Explanation:
Rule 1.16: Declining or Terminating Representation
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the rules of professional conduct or other law;
(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
(3) the lawyer is discharged.
Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has:
Answer:
in personam jurisdiction.
Explanation:
Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has in personam jurisdiction.
In personam means that a judgment can be enforceable against the person wherever he/she is.
Answer:
in personam jurisdiction
Explanation:
An in personam jurisdiction refers to the authority of the court to determine right and duties of the parties brought before it. when a court it means that the court has has the power to decide matters of a particular defendant.
A in personam jurisdiction will obligation that is imposed on an individual by the court become binding and the individual is obliged to carry out the decision imposed on him/ her by the court.
In the case of Ralph a North Carolina resident, who had an accident involving a Texas resident in Texas, the decision of the court will automatically be binding on him because the accident occurred with the state where the court has a jurisdiction.
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. automatically becomes the law in every state. b. becomes the law in every state that adopts the uniform act through legislative action. c. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States. d. becomes the law in every state that has joined the NCCUSL.
Answer:
Option B, becomes the law in every state that adopts the uniform act through legislative action.Explanation:
The National Conference of Commissioners on Uniform State Laws (NCUSL) formed in 1892 is a non-governmental body. It is rather a recommending body that may recommend laws or acts on certain subjects.
In other words, it has no direct legislative power. The purpose of NCUSL is to propose state legislatures to adopt uniform acts so that laws will be uniform throughout the states.
Therefore, though NCSUL passes a new uniform act related to texting while driving or on any other particular subject, it can come into action only after a deliberate legislative process in the states.
Jerry, age 23, a full-time student and not disabled, lives with william and sheila carson. jerry is william’s older brother. jerry is single, a u. s. citizen, and does not provide more than one-half of his own support. william and sheila are both 21 and file a joint return. can william and sheila claim a dependency exemption for jerry as a qualifying child? required: go to the irs website () and review publication 501. write a letter to william and sheila stating if they can claim jerry as a qualifying child.
Answer:
Explanation:
Dear, Actually, I am very thankful that you are actually requesting my advice regarding the tax treatment of Jerry who is actually your brother. I have actually done some research work on your question and am really very sorry to tell you that you actually cannot claim Jerry as a qualifying child.
Neverthless, Jerry is actually meeting the relationship, domicile, joint return, citizenship, and self-support test, but he actually does not meet the age test. That is too when he is a full-time student and he is under the age of 24, in order to be your qualifying child, actually the thing is that he must be younger than at least one of you. Though what I can tell you is that you may not be able to claim Jerry as qualifying child certainly as qualifying relative you can, if jerry earns lessor than the 3700.
According to the IRS rules, William and Sheila cannot claim Jerry as a qualifying child because he does not meet the support test, despite meeting the age and relationship requirements.
Explanation:Dear William and Sheila,
According to IRS Publication 501, in order to claim an individual as a qualifying child, several conditions must be met. The age, the relationship, the residence, and the support test are among them. Jerry, being your brother, meets the relationship test. However, the age test stipulates that the person must be under 19 years of age, or under 24 if they are a full-time student. Jerry, at the age of 23 and being a full-time student, meets this condition. However, the support test states that the person being claimed must not have provided more than half of their own support during the year. As Jerry does not provide more than half of his own support, he does not meet this final requirement.
Therefore, according to IRS rules, you cannot claim Jerry as a qualifying child for a dependency exemption because he fails the support test.
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2. Japan, North Korea, and the Philippines each have a constitution. What role does each country's constitution play in organizing power in the government and shaping the lives of citizens? (3 points)
Answer:
In Japan the role of the constitution is to provide a parliamentary system of government and it also guarantees the fundamental human rights of its citizens.
In North Korea: The constitution institute the supreme peoples's assembly as the highest government institution but the citizens have limited freedom of movement outside the country.
In Philippines: the role of the constitution in Philippines is that it promotes effective industrialization and all natural resources within the country shall be owned by the states. The citizens try to choose leaders that will embody their ideas.
Explanation:
constitution: this is an establish law that determines how things are to be conducted or how a place is to be governed.
Citizens:A person who is a member of a particular country and has his fundamental human rights.
What approach should organizations take in their pursuit of diversity and inclusion in countries that do not have equal opportunity laws?
Answer:
The approach of persuit of diversity and inclusion in countries that do not have equal opportunity should be:
An important first step would be to determine who the non-dominant groups are. According to that informatioin research for their labor and experiencial backgrounds.
Analise the barriers for inclusion and equality.
Explanation:
After the organzations have stablish the barriers for incluson and equality, they should consider the laws in other countries that do apply inclusion and equality to pursuit them according to the specific sitation of the other country.
Final answer:
Organizations in countries without equal opportunity laws should proactively support diversity and inclusion by integrating community-based programs, advocating for systemic change, and monitoring their efforts for efficacy, thereby becoming leaders in promoting inclusivity.
Explanation:
In countries without equal opportunity laws, organizations should adopt a proactive and inclusive approach to diversity and inclusion (D&I). They must recognize culture as dynamic and actively contribute to cultural evolution towards inclusivity and shared values. A multi-faceted strategy should include:
Community and participatory-based programming, integrating human rights, social justice, education, and economic investment. This recognizes the need for systemic advocacy and change beyond mere financial support.Implementing policies acknowledging cultural diversity while engaging with global human rights values, fostering an economy of shared obligations towards inclusivity.Monitoring and evaluation of D&I efforts, ensuring they are effective and lead to enduring transformation within the organization and the broader community.Such strategies ensure organizations are not just compliant with the current legal standards but are leaders in cultivating an inclusive and diverse corporate culture, even where the law falls short.
Was Congressional Reconstruction more about racial equality or political power? Explain your answer.
Answer:
Congressional Reconstruction more about ‘racial equality‘
Explanation:
Because congressional reconstruction was about the rights of the freed slaves when they were released from captivity, so that they can have equal rights with the non slaves. And it also encourages newly freed slaves to pursue economic , social and political opportunities
The argument that drug laws are a tool for the wealthy to control the dangerous classes is consistent with the: Select one: a. Conflict view of crime b. Purist legal view of crime c. Consensus view of crime d. Metaphysical view of crime
Answer:
a. Conflict view of crime
Explanation:
The definition of conflict view of crime is that which states that it is the perspective that a particular crime is the result of social inequalities and fnancial systems. These, benefit one part of the society. The drug laws would benefit one segment of the society, which would be the wealthy one over the dangerous classes as it is known that the wealthy society is as involved in drugs as the poors.
The argument aligns with the Conflict view of crime, which suggests that laws are used by the powerful to control less powerful groups.
Explanation:The argument that drug laws are a tool for the wealthy to control the dangerous classes is consistent with the: Conflict view of crime. This perspective aligns with conflict theories of deviance and criminality, which emphasize how those in power use laws and the legal system to maintain their position and control over the less powerful, including the poor and minorities. Conflict theory critiques the inequalities within the legal and economic system, highlighting how laws may disproportionately affect those at the bottom of the socioeconomic ladder and serve the interests of the wealthy and powerful by maintaining social stratification.
Index crimes are those that are Select one: a. most widely covered by the mass media. b. most feared by the public at large. c. most denounced by political officials. d. All of the choices are correct.
Answer:
d. All of the choices are correct.
Explanation
Index crimes are crimes that the PNP considers “serious” and which occur with “regularity” across all cities so much so that its number can become an index or guide to determine how crime-infested an area is.
The Aviation Security Improvement Act (ASIA) states that the FAA (Federal Aviation Administration) can refuse to divulge information about airport security. The family members of passengers who were killed in a terrorist bombing of an airplane over Lockerbie, Scotland, requested certain airport security information from the FAA under the Freedom of Information Act (FOIA). The FAA refused this request because it interpreted ASIA to mean that the agency had the right to withhold data in spite of FOIA. May the families take their case to a federal court?
J-1 student immigration status as of August 1, 2019. Under the terms of his visa, he is permitted to work in the U.S. Ron qualifies for a Social Security number and should not apply for an ITIN.
True or False?
Answer:
True
Explanation:
All J-1 students or F-1 students who are working this quarter, and J-1 students with fellowships, are eligible for an SSN and must apply at the Social Security Office. J-1 scholars are also eligible for an SSN.
Only F-1 visa holders who are not working but receiving fellowship stipends will need to apply for an ITIN.
An attorney: a. must reveal a client's confession of a crime. b. cannot represent a guilty party. c. must see that his/her client's rights are protected. d. can violate the law to protect a client.
Answer: c. must see that his/her client's rights are protected.
Explanation:
The defense attorney represents the statements and excuses comes from the suspect or accuse in the court of law. The defense attorney criticize the statements of the witnesses and the victim to know the real facts related to the case and also tries to manipulate their statements. He tries to protect the interest of his or her client and makes sure that the court opinion is working fairly.
Regarding murder, Select one: a. most were committed through the use of a "sharp instrument." b. a majority was precipitated by arguments. c. a majority of the victims knew their assailants. d. a majority was associated with robbery, arson, and other crimes.
Answer:
c. a majority of the victims knew their assailants.
Explanation:
Regarding murder, a majority of the victims knew their assailants.
An attorney defended a tobacco company in numerous suits brought by the survivors of those who allegedly died from second-hand smoke. The attorney argued on behalf of the company that second-hand smoke did not pose significant health risks for the plaintiffs in the cases. A law school classmate who learns about this representation calls up the attorney and chastises the attorney for endorsing the tobacco company’s view that second-hand smoke was not a significant health risk. The attorney responded that classmate should not criticize the attorney for the arguments made in the course of this representation because the rules of professional conduct state that client’s views and conduct should not be ascribed to the client’s lawyers.Is the attorney correct?
A. Yes, because a lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social or moral views or activities.B. No, because outside of the context of court appointments, lawyers in private practice have significant freedom to decide which clients they accept and it is therefore appropriate to hold lawyers accountable for the views of the clients whom they choose to represent.
Answer:
The Attorney is right because a lawyer's representation of a client does not constitute an endorsement of the clients political,economic, or social moral views or activities.
Explanation:
As a professional lawyer your work is to defend your client and protect him despite your own personal opinion on the issue. Because law is based on facts not on moral standards or justifications.
The party conducting cross-examination is: a. the party who did not call the witness. b. the party who called the witness. c. involved in voir dire. d. always the judge.
Answer:
a. the party who did not call the witness.
Explanation:
Cross-examination refers to the interrogation of a witness that was called by the opposite party. Therefore, this means that the party that did not call the witness is the one that conducts the cross-examination. This is an essential component of the trial, as the outcome can be altered when doubt is cast on a witness. Alternatively, the outcome of the trial can also be ensured if the witness is proven to be credible.
In what ways do drug courts and other courts that use therapeutic jurisprudence challenge traditional notions of court reform? To what extent might these courts become the focus of court reform in the future? Why? quzket
Answer:
Reasons why drug courts and other courts use therapeutic jurisprudence.Explanation:
Therapeutic jurisprudence was adopted as a response to the recognition that sentencing offenders to prison did not succeed in bringing a change in the offender's behavior in drug possession charges and cases.
Instead of relying on the traditional notions of justice, the drug treatment court emphasized 'offender's rehabilitation' as a resolve to offenders charged with drug possession.
This resolve actually proved successful in helping many addicts to end their addiction as it provided supervision and rehabilitation to avoid re-involvement of the same offence.
Therefore, court reforms have become a need for the future. The traditional notion of justice such as sentencing to prison has become quite ineffective to many behavioral offences. New strategies of justice or punishments should be studied and put into practice to change the behavior of the offenders so that similar offences would not be committed again. This can help reduce the number of behavioral crimes in the near future.