Should Plea Bargaining be Abolished? Essay -- Pros and Cons of Plea Ba

Being a citizen of the United States comes with advantages that no other country can match. We are granted rights and privileges just for being born within our borders. Others can also gain these rights by adopting our way of life and swearing to uphold its values. Being a citizen or not, we are expected to obey laws that the U.S. Government has put in place to maintain order and balance. When we don’t obey these laws the government has the right to punish us. Luckily for us, our Bill of Rights has even granted us rights until proven guilty. It gives us rights to a fair and speedy trial as well as the right to representation during trial. So many rights and procedures have come about since the birth of our nation. We are constantly making new rules to help uphold the old rules and deciding if the old rules still apply. One practice that has been used during trial has no mention in the Bill of Rights, but has been held as constitutional is plea-bargaining.   Ã‚  Ã‚  Ã‚  Ã‚  The plea bargain was a tool rarely used before the 19th century in prosecution. â€Å"In America, it can be traced almost to the very emergence of public prosecution, although not exclusive to the U.S., developed earlier and more broadly here than most places.† Plea-bargaining was limited because judges controlled most sentencing. Judges did not appreciate the workload relief until personal injury cases skyrocketed during the industrial era.   Ã‚  Ã‚  Ã‚  Ã‚  A plea bargain can be defined as, â€Å"a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead â€Å"guilty† or â€Å"no contest† to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes. The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled.†   Ã‚  Ã‚  Ã‚  Ã‚  One could wonder why plea bargains are even made. One reason would be that criminal courts are becoming clogged and overcrowded. Going through the proper procedure and processes that we are granted takes time. Trials can take anywhere from days to... ...caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in.† Bibliography ABA Division for Public Education: Steps in a Trial: Plea Bargaining. Sept. 25, 2004 http://www.abanet.org/publiced/courts/pleabargaining.html CNN.com - Ashcroft's new charging, plea bargaining, and sentencing Oct. 3, 2003 http://www.cnn.com/2003/LAW/10/03/findlaw.analysis.lazarus.ashcroft/ Defendants' Incentives for Accepting Plea Bargains. Sept. 25, 2004 http://www.nolo.com/lawcenter/ency/article. Ellis, Michael. â€Å"Message no. 5921.† Sept. 11, 2004 http://www.saintleodl.eduprise.com Plea Bargain. Sept. 25, 2004 http://dictionary.law.com/definition2. Plea Bargaining Sept. 29, 2002. http://www.truthinjustice.org/bargaining.htm Plea Bargaining: An Unconstitutional Delegation of Judicial Power. Sept. 25, 2004 http://www.lawmall.com/pleabarg/ Plea Bargaining Nov 24, 1992 http://www.bronxda.net/fcrime/plea.htm Plea Bargains: Why and When They're Made . Sept. 25, 2004 http://www.nolo.com/lawcenter/ency/article

Social Welfare in Australia

Social Welfare in Australia Social security in Australia is a system of social welfare payments provided by the Commonwealth Government of Australia. These payments are administered by the Department of Human Services. Most benefits are subject to a means test.Payments are made to a variety of groups of people; Indigenous students and New Apprentices, age pension, assistance for isolated children (families with a child who lives a fair distance from school), carers, disability support pension, foster families, maternity payment, people who are looking for employment, parenting payment, special benefit (financial hardship) and youth allowance. 7. 1 million Australians were â€Å"customers† of Centrelink, many of which claimed from child care.The payments are paid for through general taxation. In Australia only citizens may claim these benefits. Centrelink is the agency which manages social security. Australia gives out social welfare payments to ensure more equal dispersion of wealth and to assist the lower socio-economic population. In many people’s view in Australia it is the government’s responsibility to look after the less well off, whereas in other countries, for example China, people might rely on their immediate family, for instance to look after the elderly.Australia is the most â€Å"efficient† at reducing inequality of any rich country. In Europe, the United States and Japan, social security is financed by contributions from employers and employees, with benefits related to past earnings, therefore the higher income workers received more generous benefits if they become unemployed, disabled or retire. The rationale for Australia’s approach is that it reduces poverty more efficiently by concentrating the available resources on the poor and minimises adverse incentives. The extent to which the Australian welfare state redistributes to the poor is determined by the interactions between the tax and social security system s, both in terms of the size of taxes collected and the distribution of these taxes. This is calculated by estimating the level of spending on social security benefits as a percentage of household disposable income and then taking account of how much of this goes to the poorest fifth. The same procedure is used to calculate how much tax is paid by people in that group, which is then subtracted from the benefits received to give â€Å"net redistribution to the poor. †1 â€Å"The main objective of social security systems in most countries is to provide insurance against risks like unemployment, disability and sickness, and to redistribute income across the life cycle. †2 There is also the â€Å"Robin Hood† motive; take from the rich and give to the poor, which Australia is a strong example of because our system relies heavily on income testing and directs a higher share of benefits to lower income groups than any other country. Australia has the most â€Å"target efficient† system of social security benefits. Some examples of social security payments given out are:ABSTUDY is the Aboriginal and Torres Strait Islander Study Assistance Scheme and is for Indigenous Australians undergoing some form of study. All Indigenous students at secondary or tertiary institutions and primary students 14 years and older. The student must be of Aboriginal or Torres Strait Islander descent and be a current Australian citizen. The Disability Support Pension provides income support for people who suffer a long-term disability which they will not recover from in the next two years, which will determine them unable to work. The average person will receive $385. 0 monthly. The Parenting Payment is for those who are carers of dependent children under the age of 8. These customers are able to collect this payment until their youngest child turns 16. The Parenting Payment uses an individual and a partner income test to determine the rate of payment. Means and a ssets tests are applied to reduce the incidence of welfare fraud and contain social security spending, so as not to â€Å"rip off† the taxpayers. In 2012-2013 the Australian Government contributed $132 million towards social security and welfare, this made up 34. % of total government expenditure. In Australia, welfare is the largest component of public spending and therefore is the main determinant of how much tax income needs to be collected. Bibliography: Wikipedia, Social Security Australia, 2013, http://en. wikipedia. org/wiki/Social_Security_(Australia), Retrieved 20 February 2013. Whiteford, P. , Inside Story, 2013, http://inside. org. au/how-fair-is-australia’s-welfare-state/, Retrieve 20 February 2013. Riley, T. , 2013, Year 11 Economics, Sydney, Tim Riley Publications.

The Cask Of Amontillado By Edgar Allan Poe - 868 Words

â€Å"The Cask of Amontillado† written by Edgar Allan Poe is a Gothic style short story from the mid-1800s. The story focuses on two main characters, Montresor and Fortunato, and a plot for revenge told as a recollection. It is set in Italy during Carnival, which seemed to play a massive role in the murder plot and how it played out. How do the characters and themes within the story accentuate each other? Themes of death and mortality, betrayal, and freedom and confinement help to bring out the intentions of Montresor and Fortunato while creating an overall sense of doom. The death and mortality theme in this short story provides the audience with the overall mood of the work. This theme really helps bring about the ominous mood and tone with the story taking place mostly in the catacombs. In the story, soon after Fortunato and Montresor depart from the Carnival, they made their way down a long and winding staircase with torches to light their way. (Poe, p.109) The catacombs they enter, the torches, and the winding staircase are all crucial components for the story to fall into the Gothic fiction genre. Poe made visualization uncomplicated by providing the reader with such a rich setting, almost as if he wanted the reader to be able to â€Å"feel† the dampness that surrounded Fortunato and Montresor. Another major theme within this work shows itself at the very beginning for Montresor and the end for Fortunato, betrayal. Fortunato had previously insulted Montresor, sparking a fireShow MoreRelatedThe Cask of Amontillado by Edgar Allan Poe888 Words   |  4 PagesThe Cask of Amontillado by Edgar Allan Poe In ?The Cask of Amontillado?, Edgar Allan Poe takes us on a trip into the mind of a mad man. Poe uses certain elements to convey an emotional impact. He utilizes irony, descriptive detail of setting, and dark character traits to create the search of sinful deceit. Poe also uses first person, where the narrator is the protagonist who is deeply involved. The purpose is to get the reader to no longer be the observer. He wants them to see with MontressorRead MoreThe Cask of Amontillado by Edgar Allan Poe836 Words   |  3 Pagesqualities in the story. In the story many things are used as symbols such as the actual cask of amontillado, the trowel, the jester costume and the setting in which there is two in the story. Another literary technique used significantly in the story is irony. Irony is the expression of ones meaning by using language that normally signifies the opposite. In the short story â€Å"The Cask of Amontillado,† Montresor a very troubled man who plans to seek revenge on another man named FortunatoRead MoreEdgar Allan Poe And The Cask Of Amontillado1384 Words   |  6 PagesWhat makes Edgar Allan Poe work unique? Other than being a strange individual, Poe has become a remarkable literature writer. The Raven, Annabel Lee, and The Cask of Amontillado are just a few of Poe’s work that staples the theme of gothic literature. This essay will allow you to see the gothic elements Edgar Allan Poe uses through his most common poems. Gothic literature has many elements which play into its definition. The actual definition is a style of writing that is characterized by elementsRead MoreThe Cask Of Amontillado By Edgar Allan Poe906 Words   |  4 Pages â€Å"The Cask of Amontillado† â€Å"The Cask of Amontillado† was written in 1846, by Edgar Allan Poe. Born in 1809, Poe never knew any of his parents. At the age of three, his mother died of tuberculosis, and his father deserted the family before he was born. Taking care of him was his foster parents in Richmond, Virginia. They loved Poe, but were not supportive of his decisions and kept Poe poor. Having debt and not being able to provide food and clothes for himself caused Poe to quit school. Later, heRead MoreThe Cask Of Amontillado By Edgar Allan Poe920 Words   |  4 Pageswhen that trust no longer exists? In â€Å"The Cask of Amontillado† written by Edgar Allan Poe, Fortunato is about to find the answer to this question. On the surface, Montresor seems friendly with Fortunato, but deep down he feels nothing but hate for him. Could this hatred have an irrationality that only Montresor understands? In different ways, both of these men are proud and affluent, yet both have downfalls that will l ead to a tragic ending. Edgar Allan Poe’s use of language contributes to the understandingRead MoreThe Cask Of Amontillado By Edgar Allan Poe1555 Words   |  7 PagesIn his writing, Edgar Allan Poe has multiple uses of direct and indirect characterization. In The Cask of Amontillado, Montresor had rules such as â€Å"I must not only punish but punish with impunity. A wrong is unredressed when retribution overtakes its redresser. It is equally unredressed when the avenger fails to make himself felt as such to him who has done the wrong† (Poe, 2). Poe used indirect characterization to show the reader that Montresor is an unreliable narrator because he justified hisRead MoreThe Cask Of Amontillado By Edgar Allan Poe1303 Words   |  6 PagesIn Edgar Allan Poe’s â€Å"The Cask of Amontillado,† the narrator recalls an extremely significant time in his life, and takes the reader along with him. Throughout the story, one experiences a perfectly planned murder which took place over fifty years ago, and still no one has discovered what truly happened to poor Fortunato as he was chained to a wall in a room that was then closed off, and torched to death due to all the nitre in the walls. As the story goes on, the reader can see some of Poe’s unfortunateRead MoreThe Cask Of Amontillado By Edgar Allan Poe1076 Words   |  5 PagesThe short story, The Cask of Amontillado, written by Edgar Allan Poe is a story of terror and betrayal. Like many of Poe’s literary works, the story has a dark undertone with a theme of terror and depression. More than half a century ago, Marshall McLuhan argued that though Poe was fascinated by evil, the evil that he had in mind was not that of Calvinism, but that of the split man and the split civilization. In general, McLuhan was right, but in this instance Calvinism, and its God, provided a darkRead MoreThe Cask Of Amontillado By Edgar Allan Poe707 Words   |  3 PagesIn the short story of The Ca sk of Amontillado, Edgar Allan Poe writes in first person point of view from the perspective of Montresor who seeks revenge against Fortunato. Montresor began to develop the perfect plan for revenge. During the carnival season, Montresor meets with Fortunato and decides to implement his plan carefully through irony. Poe s story describes the murderer s mind which has lived as a memory of Fortunato s death for fifty years. Poe uses different types of irony and symbolismRead MoreThe Cask Of Amontillado By Edgar Allan Poe985 Words   |  4 PagesEdgar Allen Poe is a well known author of short stories and poetry from the 19th century. He is known especially for his stories of horror and suspense. The Cask of Amontillado is one of his more famous pieces. The story follows the narrator, Montresor, as he exacts revenge on Fortunato. Montressor draws Fortunato into the wine cellar where eventually he chains Fortunato to the wall and encloses him inside it. Throughout the story the narrator continually proves that he is not the most reliable source