What Constitutes a Crime

A crime occurs when someone breaks the law by an overt act, omission or neglect that can result in punishment. A person who has violated a law, or has breached a rule, is said to have committed a criminal offense. There are two main categories of crime: property crime and violent crime: Property Crimes   A property crime is committed when someone damages, destroys or steals someone elses property, such as stealing a car or vandalizing a building. Property crimes are by far the most commonly committed crime in the United States. Violent Crimes A violent crime occurs when someone harms, attempts to harm, threatens to harm or even conspires to harm someone else. Violent crimes are offenses which involve force or threat of force, such as rape, robbery or homicide. Some crimes can be both property crimes and violent at the same time, for example carjacking someones vehicle at gunpoint or robbing a convenience store with a handgun. Omission Can Be a Crime But there are also crimes that are neither violent nor involve property damage. Running a stop sign is a crime, because it puts the public in danger, even though no one is injured and no property is damaged. If the law is not obeyed, there could be injury and damage. Some crimes can involve no action at all, but rather inaction. Withholding medication or neglecting someone who needs medical care or attention can be considered a crime. If you know someone who is abusing a child and you do not report it, under some circumstances you could be charged with a crime for failing to act. Federal, State and Local Laws Society decides what is and is not a crime through its system of laws. In the United States, citizens usually subject to three separate systems of laws - federal, state and local. Federal Laws: Federal laws are passed by the U.S. Congress that apply to everyone in the United States. Sometimes federal laws may conflict with state and local laws. When there is a conflict, generally the federal law will prevail.State Laws: State laws are passed by elected legislators - also known as lawmakers - and can vary widely from state to state. Gun laws, for example, can be greatly different from one state to another. Although drunk driving is illegal in all 50 states, the penalties for driving while intoxicated can be very different between states.Local Laws: Local laws, usually known as ordinances, or passed by the local county or city governing bodies - commissions or councils. Local ordinances usually control how residents are expected to behave in the community, such as slowing down in school zones and disposing of trash properly. Ignorance of the Law Usually, someone has to have intent (meant to do it) to break the law in order to commit a crime, but that is not always the case. You can be charged with a crime even if you dont even know the law even exists. For example, you may not know that a city has passed an ordinance banning the use of cell phones while driving, but if you are caught doing it, you can be charged and punished. The phrase ignorance of the law is no exception means that you can be held liable even when you break a law that you didnt know existed. Labeling Crimes Crimes are often referred to by labels based on similar elements including the type of crime that was committed, the type of person that committed it and if it was a violent or nonviolent crime. White-Collar Crime The phrase white-collar crime was first used in 1939, by Edwin Sutherland during a speech he was giving to members of the American Sociological Society. Sutherland, who was a respected sociologist, defined it as, a crime committed by a person of respectability and high social status in the course of his occupation.   Generally, white-collar crime is nonviolent and committed for financial gain by business professionals, politicians, and other people in positions where they have gained the trust of those who they serve. Often white-collar crimes include fraudulent financial schemes including securities fraud such as insider trading, Ponzi schemes, insurance fraud, and mortgage fraud. Tax fraud, embezzlement, and money laundering are also generally referred to as white-collar crimes.

235764916 CJA 394 Week 1 Criminal Justice Overview Paper...

Select one of the following issues: †¢ Racial profiling †¢ Prison overcrowding †¢ The war on drugs †¢ Increased use of technology †¢ Cultural diversity Write a 1,050- to 1,705-word paper addressing how your selected issue affects the criminal justice system as a whole. †¢ Describe some of the change(s) the criminal justice system as a whole has made in response to the issue you selected. †¢ Include your opinion on whether the changes are sufficient. Should more changes be made, and if so, what changes? Format your paper consistent with APA guidelines. Prison Overcrowding CJA/394 Prison Overcrowding One of the greatest challenges currently facing the American criminal justice system is overcrowding. America has the largest prison†¦show more content†¦The public will be flooded with criminal offenders suddenly released back into society which will only increase the crime rate and reduce public safety. I personally do not think that any changes that have been made to reduce prison overcrowding are sufficient and more changes need to be made. First I would propose that the first step that is required in order to reduce the overcrowding of Americas prisons is to change the way the criminal justice system approaches the criminal offender. Instead of the focus being on retribution and making the criminal pay the focus needs to be on changing the perceptions, attitudes, and criminal behaviors through the offering of alternative sentencing practices and offering inmates comprehensive programs that will enable their successful reintegration into society. While victims need justice there also needs to be better response to criminal behavior other than the eye for an eye approach. Because the current polices on crime in society obviously do not work and fail to deter the criminal offender form committing further offenses but instead of automatically sentencing the drug offender to long prison sentences that does not serve the inmate, society, or the taxpayer. Instead the focus should be on requiring the drug addicted offender to attend mandatory substance abuse treatment as well as other rehabilitative processes that would enable the drug offender to successfully reintegrate back into society as well as

The Development of Jazz in South Africa - 1409 Words

On June 19, 1890 South Africans came into contact with African American music for the first time. This contact came when Orpheus McAdoo’s Virginia Jubilee Singers. Orpheus McAdoo, a graduate of Hampton Institute, now known as Hampton University in Hampton, Virginia joined five members of the original Fisk Jubilee Singers, an African American a capella group from Fisk University and began to tour places such as Europe, Australia, and New Zealand. When he returned to the U.S., he added four members to the minstrel troupe and in 1890 they found themselves in Cape Town, South Africa. Their tour in Cape Town was extremely successful and they forever left an impact on South African culture in the form of a Carnival that takes place each year. Kaapse Klopse, formerly known as the Coon Carnival takes place on January 2nd each year. Minstrel troupes gather in District 6 and take part in a parade and various competions. Various genres of music are represented in the Kaapse Klopse but on e genre has been apart of the festivsal since its early beginnings, South African Jazz. As the jazz tradition was developing in the United States through the cross fertilization of African and African American culture, this jazz music would eventually reach all the way to South Africa. During the late18th Century in New Orleans (then controlled by Spain), every Sunday, slaves would gather at the Place des Negres, or Congo Square. In Congo Square, slaves were allowed to bring musical instruments andShow MoreRelatedThe Critical Impacts Of The Harlem Renaissance1066 Words   |  5 Pagesconfederate south leaving numerous soldiers dead and the south demolished. By the by, the southern slaves were continuously improved. Amongst 1915 a huge number of African American traveled from the south towards the north. Significantly modifying their life. 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Law of Business Organisation Ethics and Corporate

Question: Describe about the Law of Business Organisation for Ethics and Corporate. Answer: Part 1 Registration of a Company in Australia The name chosen for a Proprietary Limited Company can also be its Australian Company Number (ACN). This is the unique number given automatically by ASIC when the company is registered. It is mandatory for a proprietary company to include the word 'Proprietary' or its abbreviation 'Pty' in the name. If the members liability is limited then the company name should end as 'Proprietary Limited', explains Barkoczy, (2013). The internal management of a company can be governed through: theCorporations Act, 2001 by applying the replaceable rules AND a Constitution; OR the combination of both under section 135 and 136 of the Act. Constitution The law does not require a proprietary company to lodge its Constitution while applying for registration although it must keep a records and make it available when required, as detailed by Barkoczy, (2013). Replaceable Rules Under section 135(1), Replaceable Rules are not applicable to a proprietary company. Issue of Shares Companies usually issue differenttypesof shares such as ordinary or preference shares. They also issue differentclassesof shares, such as 'A' and 'B' Class of Ordinary Shares, explains Barkoczy, (2013). Different classes have different rights such as: for distinguishing the voting rights of the holders; for prioritising dividend distribution; for issuing shares for raising funds which have debt features; by issuing shares which can be redeemed in the future by those investors who only invest for a specified term. Ordinary Shares These are the most common type shares and are generally issued under different classes for granting different voting rights to the holders. These type of shares are most suitable investors who wish to exert control through voting rights and participate in earnings through dividends and growth through capital of the company. Generally, the super voting multiple ratio is about 10 votes for the higher class of share, although the exact rights may vary from company to company. Usually, the Class A shares have a superior voting right compared to Class B shares, but most companies do not specify a standard nomenclature, asserts Coughlan, (2003). Preference Shares These are generally superior, in value earning, to the ordinary shares, because they are given first preference or right when dividend is declared although the holders of these shares do not have any voting rights. The objectives of holders are to invest for income purpose and do not wish to have voting rights or seek involvement in companys management, asserts Fernando, (2010). PART 2: Section 198A 198A (1): Management of Business The directors of a company are responsible for managing the business of the company. Section 9 of the Act defines director as a person who is appointed through a resolution by the board. Hence, directors are required to govern on behalf of shareholders of the company. Section 198A (1) of the Act states that The business of a company is to be managed by or under the direction of the directors. In this respect, the directors are bound by their legal duties and responsibilities imposed by the Act. These legal duties and responsibilities are applicable to different type of organisational structures, including the public as well as the proprietary companies, as per Keown et al, (2012). 198A (2):Exercise of Powers Proprietary companies should have at least one director and he must ordinarily reside in Australia (s 201A). The director can exercise all powers conceded by the company management except the powers which are restricted by the Act or company's constitution, such as issuing shares and debentures and borrowing money, says Keown et al, (2012). PART 2: Section 191 This section mainly focusses on the term material personal interest defining it as something which can influence a director's vote and does not create a conflict of duty, unless the director personally stands to benefit from the interest, directly or indirectly. This concept of the material personal interest has gained importance in the context of conflicts of interest as defined under different statutes of the Act, and these have, until now, been providing a firm guidance as to its literal meaning, assert Nethercott, Devos Richardson, (2010). Under section 191 of the Act, it is required that complete disclosure of the material personal interests are made by the director to the board at the time of appointment. Section 195 of the Act directs those directors of public companies, to be excluded from meetings who have a material personal interest in any matter which is to come for discussion. However, section 195 is applicable only to those material personal interests which require dis closure under section 191 of the Act, the directors may not be required under section 195 to be excluded from the meeting when the matter is being considered, details Nethercott, Devos Richardson, (2010). PART 2: Section 250R (2) (3) Entitlement to Vote It is for the Board to determine that as per section 250R (2) of the Act, the persons who are eligible for voting at a Meeting shall be only those persons who have registered themselves as Shareholders, explain Reynolds, Williams Savage, (2000). This recent amendments introduced under the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 have placed a greater scrutiny on following the voting process by the Key Management Personnel (KMP) of the company. These recent amendments to section 250R now prohibit persons from casting their vote on resolutions which are concerned to their own remuneration and may cause a conflict of interest, as per Keown et al, (2012). Proxies Section 250R (3) deals with those shareholders who being entitled for attending as well as voting at a Meeting, is also entitled for appointing a proxy for attending and voting on its behalf by using the Proxy Form which accompanies the Notice of Meeting, confirms Keown et al, (2012). As the instructions for filling the Proxy Form are attached with this Notice of Meeting, boards are required to market confidence among the shareholders in general that their company is complying with all the legal obligations and consequently, in relation to the provisions, the Boards can also demonstrate to the shareholders in general that the voting process being practiced at the general meetings are being conducted properly. It is the responsibility of the chairman of the meeting to ensure that only those votes, which are permitted under section 250R (2) have been counted, asserts Barkoczy, (2013). References: Barkoczy, S. 2013. Foundations of Taxation Law, 5th ed. CCH Australia Limited, North Ryde, NSW. Coughlan, L.2003, The Law and You. Pascal Press, Glebe, NSW. Fernando, A.C. 2010, Business Ethics and Corporate Governance. Pearson Education India, New Delhi. Keown, A.J., Martin, J.D., Petty, J.W. and Scott, D.F. 2012, Financial Management: Principles and Applications, 10th ed. Pearson Education India, New Delhi. Nethercott, L., Devos, K. and Richardson, G. 2010. Australian taxation study manual: questions and suggested solutions, 20th ed. CCH Australia Limited, Sydney. Reynolds, W., Williams, A. J. and Savage, W. 2000, Your Own Business: A Practical Guide to Success. (3rd ed.). Cengage Learning Australia, Sydney.

Human Rights and Equal Opportunity Commission

Question: Discuss about the Human Rights and Equal Opportunity Commission. Answer: Introduction According to the World health organization (2008), active aging is the procedure that involves taking advantage of the opportunities for health, participation as well as security as a way of improving the quality of life as individuals age. Active aging allows older persons to tap into their potential for physical, mental, and social well-being in their life course and to take part in society while ensuring they are adequately protected and receive the necessary care when needed. It is for this reason the World Health Organization (2002) adopted an active aging policy framework that approaches health from a far-reaching perspective by addressing issues relating to policies and programs relating to older adults. The WHO active aging structure has remained functional in Australia in improving the aging process through the National Strategy for an aging Australia that highlights the essence of a prosperous and healthy aging country is emphasizing the significance of WHOs active aging fr amework. To date, the WHO existing aging model continues to function as a guiding tool for improving the aging process and addresses the universal challenges of population aging. This paper will critically evaluate WHOs active aging model as implemented in Australia and elaborate on how the countrys aging population gets represented in policy legislation and society. Implementation of WHOs active aging policy by national strategy for an aging Australia According to the World Health Organization (2002), an active aging method of policy and program development is a step forward in addressing numerous challenges for the aging population. When health, labor market, education, employment and social guidelines support active aging, the quality of life for an older person is more than likely to improve, and medical treatment and care costs are more than liable to drop. Active aging guidelines and programs expound on the essence of encouraging and balancing personal responsibility. In reality, individuals and families ought to plan for older age and take singular steps towards positive health practices at different stages of life (World Health Organisation, 2001). In Australia, the National strategy for an aging Australia among other national organizations in the global community have implemented WHOs active aging framework as a reaction to the challenges and opportunities of having an aging population. Australia faces the problem of incre ased longevity as a result of better living standards hence the national strategy for an aging Australia reiterates the essence of representing older persons in policy, legislation, and society as a whole (Andrew, 2001). Representation by Policy As far as policy and programs are concerned, the active aging principle described in WHOs active aging model deliberates on the need for ratifying policies and programs that enhance active aging concerning increased participation and healthcare cost reduction (Kalache et al., 2002). The idea is that remaining healthy during the aging process reduces or eliminates impediments that interfere with a persons working capability. From a global point of view, early retirement in industrialized nations stems from public policies that encourage early departure from the labor market (Walker Maltby, 2012). The active aging model depicts that as nations grapple with aging populations, the traditional policies relating to early retirement ought to change. The framework bases its argument on the idea that if more people reach old age while in good health, it will help in offsetting the increasing costs of pensions and income security programs including those relating to social care and medical ex penses. In other words, policymakers should focus on enacting measures that tackle the well-being of persons during old age rather than policies addressing medical spending. In Australia, the national strategy for an aging Australia depicts that the dominant youth culture has long held the view that a cohort of young people entering the job market reduces the labor cost as young people join the labor market for cheaper rates (Bishop, 2000). The entry of younger people has resulted in mature aged workers being increasingly encouraged to take early retirement and make way for a younger workforce. The first retirement logic draws its motives from the common conception that having old people in the labor market results in an augmented cost of paying for their medical upkeep while younger people enter the job market at lower prices which is considered more advantageous (Swan Raphael, 2006). The problem with early retirement is that it creates gaps when the number of people retiring surpasses that of people entering the labor market resulting in an economic standstill. The WHO active aging model in its participation policy elucidates that governments should e nact labor market policies and programs that promote individual participation as they advance in age (World Health Organization, 2002). An example of an Australian labor policy designed to promote the economic participation of older individuals is the May 2001 federal budget initiative'. A fair go for older workers that provided a $147 million to assist older jobless persons by availing additional places in employment, education, disability, training, and transitional programs (Andrews, 2001). The national strategy for an aging Australia is clear on the fact that the supply of younger workers is declining hence the need to retain and rehire aged workers. Integrating mature aged workers in the labor market has its perks as far as developing an economy is concerned though there is also a downside to facilitating old age employment policies and programs. One of the disadvantages of encouraging an older workforce as deliberated in the national strategy for an aging Australia is the idea that older workers are expected to face particular technology based issues. With the ongoing changes and advancements in the online technologies and digital information economy, mature aged workers are reluctant to learning an understanding new technology. Therefore the Australian government, as well as organizations, has to incur the excess cost of funding technology-based learning for older workers. Another disadvantage is the fact that enacting policies that promote old age working will ultimately lead to an upsurge in the number of people living with disabilities as result of work-based incidences. The increase of disabled, aged people means that both private and public organizations will incur the extra cost of compensating the disabled elderly workforce. Representation by Legislation The WHOs active aging framework reflects on the need for enacting laws that protect the rights of older individuals to participate in the labor market. In the active aging principle relating to security, the model emphasizes the need for protecting older people since they are most vulnerable to discrimination as well as physical and psychological abuse. According to the Human Rights and Equal Opportunity Commission (2006), older individuals in Australia are most vulnerable to racial, sex, and disability discrimination. As far as racial discrimination for the elderly is concerned, older workers of Aboriginal and Torres Strait Islander decent receive protection from the Native Title Act of 1993 (Human Rights and Equal Opportunity Commission, 2002). The National Strategy for an aging Australia also points out that women are more than likely to face age discrimination despite their enormous contribution to the economy. Unfortunately, there is no federal law to protect the rights of activ e aging women, but their rights receive protection from general aged care regulations. The WHOS active aging framework emphasizes the need for enactment of laws that lessen inequity in the safety rights of mature age workers. The abolition of the workplace relations act 1996 was a step forward towards ending mature age workers discrimination (Mitchell et al., 2005). The criminal law substantially covers offenses relating to fraud, incidence behavior, property crimes, stalking, assault, and theft. The Queensland Criminal Code Act 1899 provides for severer penalties for violations involving sexual offenses where the victim is psychologically impaired (Urbas, 2000). Contract and tort law also offer legislative remedies for mature aged workers in cases involving assault, negligence, and duress in cases about financial abuse. A limitation of the WHO framework is that the model elaborates on the principle need for enacting legislations and laws that protect the rights of working age persons. Though the problem is that in Australia, there is yet to be an enactment of a law th at directly helps in dealing with issues of discrimination of senior women at work and the aging workforce in general. Representation in society The World Health Organization (2002), explains that insufficient social assistance stems from an upsurge in psychological distress, morbidity, and mortality which contribute to an overall decline in overall health and wellbeing. In essence, older individuals likely to lose family and friends compared to other demographic groups in society which live them in isolation. Decision makers in non-governmental organizations, private, and health industries can help promote social networks that foster social capital for mature age workers by supporting community groups and traditional societies run by older persons (Fried et al., 2004). Social capital is a catalyst for the cooperation of institutions that hold society together. The National strategy for an aging Australia recognizes that current community views of older persons still suffer from predisposition formed in prior times when the elderly were limited, and their lifespan was lower than they are in recent times (Davis Bartlett, 2008 ). Younger people are unaware of contributions made by the elderly. Positive attitudes to the elderly are a crucial part of social cohesion with older Australians encouraging a positive attitude towards the aging process will yield benefits in the broader community. The WHO framework plays a vital role in advocating social and psychological assistance to aged workers though it fails to consider the negative and informed attitudes of people in society. Conclusion The WHO active aging model provides guidelines for improving the quality of life for people as they age. In Australia, the national strategy for an aging Australia implements the WHO active aging framework in tackling issues relating to the countrys aging population. The WHO framework after implementation by National strategy for an aging Australia concludes that the government should treat aged as a crucial part of the countrys labor force rather than viewing them as additional expenses in the job market. References Andrews, K. J. (2001).National strategy for an ageing Australia: An older Australia, challenges and opportunities for all. Department of Health and Aged Care. Australia. Human Rights and Equal Opportunity Commission, Calma, T. (2007).Social Justice Report 2006. Bishop, B. (2000). The national strategy for an ageing Australia: attitude, lifestyle community support.Canberra ACT: Commonwealth of Australia. Davis, S., Bartlett, H. (2008). Review Article: Healthy ageing in rural Australia: Issues and challenges.Australasian Journal on Ageing,27(2), 56-60. Fried, L. P., Carlson, M. C., Freedman, M. M., Frick, K. D., Glass, T. A., Hill, M. J., ... Wasik, B. A. (2004). A social model for health promotion for an aging population: initial evidence on the Experience Corps model.Journal of Urban Health,81(1), 64-78. Australia. Human Rights and Equal Opportunity Commission. (2002).Social Justice Report 2002: Aboriginal Torres Strait Islander Social Justice Commissioner. Human Rights and Equal Opportunity Commission. Kalache, A., Aboderin, I., Hoskins, I. (2002). Compression of morbidity and active ageing: key priorities for public health policy in the 21st century.Bulletin of the World Health Organization,80(3), 243-244. Mitchell, R., Campbell, R., Barnes, A., Bicknell, E., Creighton, K., Fetter, J., Korman, S. (2005). What's Going on with the No Disadvantage Test? An Analysis of Outcomes and Processes Under the Workplace Relations Act 1996 (CWLTH).The Journal of Industrial Relations,47(4), 393-423. Swan, P., Raphael, B. (2006). Ways forward: national Aboriginal and Torres Strait Islander mental health policy. Urbas, G. (2000).The age of criminal responsibility. Canberra, Australian Capital Territory: Australian Institute of Criminology. Walker, A., Maltby, T. (2012). Active ageing: A strategic policy solution to demographic ageing in the European Union.International Journal of Social Welfare,21(s1), S117-S130. World Health Organization. Ageing, Life Course Unit. (2008).WHO global report on falls prevention in older age. World Health Organization. World Health Organization. (2002). Active Ageing-A Policy Framework. A contribution of the World Health Organization to the Second United Nations World Assembly on Ageing.Madrid (ES): WHO. World Health Organization. (2001). Health and ageing: A discussion paper.