African American Males and Disparity in the Justice System

Within our justice system there is a large disparity between the total number of African American males living within our society and living within our prison walls. African Americans males are often faced with overcoming environmental, economic and sociological inequalities while growing up as well as a lack of opportunity. Many of these issues may in fact lead to un-proportional numbers of African American males being incarcerated. In additional prejudicial behaviors by the judicial community may also be a factor in the disproportionate incarceration statistics.More resources should be allotted at the community level to provide for disadvantage minorities to succeed in life and avoid participating in criminal activities, as well as providing resources for education of those within the system to combat prejudice and effect change. According to the National Association for the Advancement of Colored People (NAACP) African Americans comprise nearly 1 million of the 2. 3 million incarc erated population and 1 in 6 black men have been incarcerated as of 2001. As can be seen these numbers are disproportionately higher then for their white counterparts.One of the main reasons stated by the NAACP as a causal factor for this disparity is related to inner city crime rates that are prompted by social and economic isolation. There is little opportunity for employment and high drop rates amongst inner city African American males. A study by the American Academy of Arts and Sciences indicates that employment for under educated African American males was approximately 25% while the incarceration number is around 40% showing that they are more likely to be incarcerated then employed.When prisoners are then released there is increase recidivism when there is no employment opportunities and the cycle repeats. In addition the family structure suffers as resources are decreased as family members are imprisoned. Studies have shown that children who parents are imprisoned are more likely to be victims or crime themselves, have little educational opportunity and frequently live in poverty, all which lead to increased propensity for criminal activity in the future.Lack of opportunity is forefront in the disparity between whites and African American levels of incarceration. The book The system in black and white: Exploring the Connections Between Race, Crime and Justice states that â€Å"Minority youths are often from neighborhoods plagued by poverty, high unemployment and underemployment, family dysfunction, low education, and crime. The minority youth is therefore, marginalized, and such marginalization engenders delinquent acts† (Jones-Brown, Markowitz, 2001. p172).By segregating minorities, primarily African Americans, into these areas without providing opportunity we perpetuate the problem by providing little to no opportunities for legitimate success. The authors indicate that the lack of access to social and economic opportunities and the attainmen t of socially desired symbols of success directly leads an individual to obtain those items by socially unacceptable means such as criminal activities. This general theme of the consequences of segregated communities is shared by Loury in his work Race, Incarceration and American Values.â€Å"Closed and bounded social structures-like racially homogenous urban ghettos-create contexts where ‘pathological’ and ‘dysfunctional’ cultural forms emerge, but these forms are neither intrinsic to the people caught in the structures nor independent of the behavior of the people who stand outside them†. (Loury, 2008. p 33. ) In this case the author is clearly pointing out that it is the situation that creates the criminal not any overt difference in the individuals themselves.There is no born propensity for criminal activity just a lack of social and environmental resources available to individuals living in these areas to allow for success based on achievement. These areas have developed as an ugly reminder of our one time overtly prejudicial society that deemed African Americans as inferior, lazy beings with little or no ability to learn. The path to participating in criminal activities for many African American adolescent males frequently lies in participation in gang activities.In an article entitled Poverty, Broken Homes, Violence: The Making of a Gang Member the authors state a strong correlation between the lack of opportunity and gang involvement. Risk factors include many that are prevalent in the before mentioned ghetto like areas such as â€Å"having gang members in the family already, histories of sexual or physical abuse, growing up in poverty, having access to weapons and drugs, and a lack of success in other areas of life, such as school† (Mueller, 2014).Gangs frequently form a surrogate family for adolescents in poverty stricken urban areas as well as providing a certain level of protection from other criminal element s. Another obstacle which African American males face is one of negatively differential treatment within the justice system. It is assumed that part of the reason for the disparity between whites and African Americans within the prison systems is related to the war on drugs. According to the NAACP African American are 12% of the population of drug users, 38% of those arrested and 59% of those convicted.These overwhelming numbers of convictions would lead us to believe that African American are committing more drug crimes yet the percentage of drug users is actually lower then their white counterparts. Sentences for African Americans convicted of drug crimes are almost equal to the amount of time that white males would spend in jail for violent crimes. According to author of the New Jim Crow this inequality in the justice system is a way to keep minorities from achievement while appearing to have put aside prejudice. It can be argued that our prison system in fact serves the purpose of a vehicle for social control.The long-term effects of conviction separate felons from the general population for life, excluding them from contributing effectively in mainstream society. Once they are released, they are often denied the right to vote, excluded from juries, and relegated to a racially segregated and subordinated existence. Through a web of laws, regulations, and informal rules, all of which are powerfully reinforced by social stigma, they are confined to the margins of mainstream society and denied access to the mainstream economy.They are legally denied the ability to obtain employment, housing, and public benefits—much as African Americans were once forced into a segregated, second-class citizenship in the Jim Crow era (Alexander, M. 2010). Another issues related to the disproportionate numbers of African American males within the prison system are related to previous acts. Again we must look to the lack of opportunity in youth as a leading cause for juve nile detainment. According to the Juvenile Justice information exchange socioeconomic class plays a role in detainment.In delinquency matters indigent children remain within the system because the courts are reluctant to release these children back to the environments they came from as opposed to children with means. â€Å"The child welfare system, public schools, and neighborhood police presence — are structured so that few meaningful distinctions can be made between poor children and those who present a true danger to the community† (Birkhead, 2012). The impact of early interactions with the justice system can negatively impact a person for life.As adults persons who are known within the criminal justice system are more likely to be convicted of crimes as well as facing harsher sentencing as repeat offenders. This practice may not appear prejudicial as it is appropriate to face harsher sentences for repeat offenders, but is prejudicial as to how the person became a r epeat offender in the first place. The above issues point to discrimination at a structural level not an individual one, but there are structural cases of discrimination that may support individual discrimination such at the Stop and Frisk law.This law allows officers to stop, question and physically frisk someone they deem suspicious. One of the main problematic issues of this practice is one of oversight; there are no governing rules as to what constitutes suspicion besides individual officers feelings. While this practice has led to some arrests, they are numerically insignificant and have been deemed unconstitutional but not illegal. According to the American Civil Liberties Union 85 percent of those stopped were found to have not committed a crime or have any contraband on their persons.The failure of this practice has far reaching implications as in it has served to foster feelings of mistrust between police officers and the minority population, specifically African American y ouths. Identifying issues and making changes to treatment of African American males, or any other minority, within the judicial system is a project undertaken by the Sentencing Project. They define Illegitimate or unwarranted racial disparity as the â€Å"dissimilar treatment of similarly situated people based on race† (201, p1. ).There goal is to acknowledge the effects of disparity building at each phase within the criminal justice system and it’s cumulative effects on an individual. They encourage communication within the system i. e. : law enforcement, lawyers, judges, prison personnel and parole workers to develop plans to reform individuals while working towards a systematic change. Through research they have addressed the need for cultural competency training within the judicial system and have made it a requirement. They also address issues pertainingto treatment of early delinquency, severity of crime as well as severity of sentencing. The Project allocates re sources for research into other sentencing alternatives that have demonstrated success over incarceration. In addition to looking at the treatment of individuals within the system they provide guidance to policy makers in regards to investments in communities. They support low-income areas in providing education and employment opportunities, access to health care, including mental health care, and substance abuse treatment.Through research the project has identified that un equal opportunities for access to resources negatively affects the low-income individuals and their families. Simply changing the criminal justice system itself will not singularly decrease the disparity between the numbers of African Americans incarcerated in comparison to their white counterparts. Change must begin in the communities. Outreach programs started as early as birth are necessary to effectively create change. One group who sees the need for this change and has answered the call is the Harlem’ s Children’s Zone.This group services approximately 17,000 children throughout the Metropolitan area. They begin with providing parenting classes, which outlines the need for proper nutrition and health care as well as courses on other parenting issues with a focus on the at risk child. They provide charter schools with longer school days as well as tutoring programs for those unable to attend. Resources are also available for crisis intervention, access to mental and physical health care, offering assistance in obtaining services such as food stamps, as well as assistance in forming community actions groups to combat crime and drugs.The group also provides afterschool programs including teen groups, fitness, educational, and classes on maintaining a healthy lifestyle, and access to community gardens. Although our society has made great strides in the area of equality, with more African Americans holding important positions, negative differential treatment persists. Poverty s tricken communities where there is little opportunity and the prevalence of gang activity increases the likelihood that African American youths will grow up to participate in criminal activities leading to incarceration.The first step towards change is understanding the need for increased resources in poverty stricken areas to provide access for at risk youths to community centers, hot meal programs, and safe afterschool venues. The second step is making these projects a reality. Although the government had earmarked 10 million dollars for neighborhoods to develop similar programs to the Harlem’s Children’s Center project it is not enough, resources must be provided by individual states, communities and persons to combat poverty and provide resources for children.In addition equality in how individuals are treated within the system must continue to be addressed by groups like the Sentencing Project. By early intervention and continued education and support we can move towards equality and diminish the numbers of African American males spending their lives within the criminal justice system. The long-term benefits of these actions will be felt by individuals as well as the community at large with decreased crime and access to the rich resource of an educated youth.

How a Literary Work Relates to My Own Life Essay

I think everyone can recall their first love. The emotions that one feels when remembering the look, smell, touch and feel of their first love are intense and can bring on incredible feelings of happiness. Finding a first love typically occurs in adolescence when humans have the ability to feel everything so much stronger than at any other time in life. Unlike any other person, a first love will never be forgotten and details about the romance will forever be etched in the brain. The details surrounding a first love do not often fade with time and remain as clear as when the relationship with a first love was reality. Elizabeth Barrett Browning’s poem, â€Å"How Do I Love Thee? Let Me Count the Ways† can be used to once again evoke the emotions of a first love into the present day. The overall theme of this poem is intense romantic love. I think this theme can be applied to my high school years as well. Similar to many high school students, I engaged in a relationship with my first love that lasted for over two years. While this person did not turn out to be my one true love, I will never forget the feelings associated with the relationship nor will the love I felt then ever fade into nothingness. As a high school student, this relationship with my first love was the main focus of my life. The love I felt was all consuming just as the love that Elizabeth Barrett Browning portrays in this poem. I felt such an intense connection and I loved so unconditionally that my entire being was filled with feelings of love and it took my breath away. This love was exactly what Browning spoke about as being a love â€Å"with my childhood’s faith† (Browning, 1850). I was able to love with the faith of a child because I had not yet learned that the world is often a cruel place where love fails on a regular basis. My first love experienced my love based on a faith that it would last forever. The imagery in this poem enables a reader to imagine a dreamy state of complete happiness that nothing can intrude upon. This is the feeling I will always associate with my first love. The idea of a romantic relationship was so new and exciting that nothing could bring me down from the clouds. As a matter of fact, it is difficult for me to recall world events or even events in my own life at this time with the same clarity as my feelings of romantic love. Everything in my life took a backseat to the dreamy state of being in love. Elizabeth Barrett Browning was able to bring these feelings back to me as I read the poem. Her words invoke the same feelings of first love that I had into a written poem. It is easy for me to understand the type of love Browning had for the recipient of this poem because I have felt the same kind of love in my lifetime. Once again, the imagery of this poem enables me to remember the fearless way I was able to love when my understanding of the world was not marred with the failings of relationships. The final line sums of the entire set of emotions associated with a true love. â€Å"I shall but love thee better after death† (Browning, 1850) can be interpreted to mean that Browning would die without the love of the person she is writing to. I think this is the way that many adolescents feel about their first love. I remember feeling intense dread when I even considered that my first romantic relationship would end. The days took on new meaning and my entire being became wrapped up in another person and I could not ever imagine my life without that love. Looking back, I think I felt that without my first love in my life, I would rather die. I recall thinking that if I could not hold onto the relationship then I would rather be dead. Of course, time and maturity changed my way of thinking and I realized that I could live without my first love. However, my life will never be the same because of that relationship. It meant so much to me at the time that I know exactly how Elizabeth Barrett Browning felt about the recipient of the poem. I loved so strongly and so deeply that my entire life was changed forever. I loved as I had never loved before or have ever loved since then. My first love will forever hold a place in my heart and my life is better for having the chance to love so freely. Browning, Elizabeth Barrett. (1850). How do I love thee? Let me count the ways.

Problems posed by ‘cybercrimes’

Cyber crime is defined as those crimes involving abuse of electronic media or the information contained in it by influencing the computers functioning or the functioning of its system to the detriment of other individuals/organizations. The emerging information technology trends have seen has seen increased use of computers across the globe. This rapid expansion in terms of information communication technology capability to transmit bulk of information has seen enormous transmission across the internet and computers daily.With this increased transmission there has emerged a new twist in criminal activities. In addition it has created window for perpetration of harmful activities by criminal organization. Another fundamental twist arising from internet and computer usage is intellectual appropriation. The emergence of such crimes being committed against computers, and the corresponding information in computers is gradually shifting attention towards the threats posed by cyber crimes. This is coupled by the anonymity of such crimes as well as the less aware population being preyed upon.The camouflaging nature of such crimes thus presents new challenges to the law enforcement agency due to the inevitable need to transform in response to this changing criminal landscape. In addition lack of proper legal structures and legislations have condemned businesses and the respective governments to there own discretion in protecting themselves against cyber crime. Such measures employed include the technical measures aimed at securing their systems. However, this is not enough to secure the existing cyber space from criminals.There is an additional need for application of the law in fighting this emerging menace. This paper will analyze the various types of cybercrimes, the problems they pose to the law enforcement agencies and in conclusion analyze the sufficiency of the cyber crimes laws in Australia in dealing with the problems posed by cyber crimes. Understanding the pr oblems that cyber crime pose to the modern nations requires a deeper understanding of the various faces that such crimes take.Cyber crimes in different forms which include; denial of service (DoS), identity theft, stalking, piracy, pornography, hacking, unauthorized modification, viruses, unauthorized copying, credit card crime, extortion, phishing, spoofing, cyber defamation and salami attack among others. Denial of service involves such acts by criminals aimed at flooding of victim’s network bandwidth of overloading of a victims mailbox with spam thus denying the victim access to his entitled services accessibility/provision.Unlike the early days DoS where simple tools generated and sent attack packets fro one source to another external source, such attacks have transformed to incorporate use of attacks from single source to multiple destinations as well as multiple sources to single destinations. However, the most recent development which involves use of self propagating w orms has increasingly created a new twist to reaction to such attacks. Hacking on the other hand has emerged as a regular crime as technology continues to advance.Hacking basically involves illegal computer systems intrusion as no permission is sought from the users/owner of the intruded system. Most of hacking is often attributed to teenagers as well as young adults. Hacking is often considered an art of exploration by computer technology buffs who engage in computer exploration rather than being intent on committing crime. The hackers often use hacking as a venue to displaying their skills and not as a tool of harming others.Virus dissemination on the other hand involves release of malicious software’s that often attach themselves to the existing software application resulting into a range of system detriments including system retardation and information sending among others. Such include; worms and Trojan horse among others. Pornography on the other hand has emerged as a s uccessful product in e-commerce that often applies deceptive techniques in its marketing most common being the mouse trapping technology.However, the ease of accessing such cites even to children is increasingly raising concern. Internet relays chat servers have likewise emerged as suitable avenues for criminal meetings from anywhere in the world. Hackers too are known to use such sites in discussing of their various exploits and sharing of information on the same. In addition Pedophiles have been known to use such sites in luring of children to their activities. Such avenues have thus presented avenues for increased criminal activities and planning.Credit card fraud has also increasingly grown more especially when the card’s numbers are used in unsecured electronic transaction resulting into the credit card numbers being stolen by hackers who end up misusing the cards through owner impersonation. Such fraudsters have also been known to use advanced techniques in duplication of credit cards. An emerging trend has also emerged where the confidential data of companies is illegally copied with the aim of extorting huge sums of money from the company.Phishing has also emerged with the rising of technology where information confidential to account holders in financial institutions is pulled out through deceptive ways. Spoofing on the other hand involves use of one computer in assuming another computer’s identity. Another form of cyber crime involves circumstances where defamatory messages are posted on the internet regarding an individual. Likewise stalking has emerged as a form of crime where the criminals trace individuals using the messages they use within the chat rooms.Salami attacks have on the other hand used to perform crime acts that involve insignificant amounts deduction from customer’s bank accounts and depositing it into their accounts. Such varied nature of cyber crimes presents with it varied challenges to the law enforcement age ncies. Latest significant form of cyber crime is the Nigerian 4-19 scheme where letters supposing presence of large amount of money in which the victim is required to help are distributed to prominent business, and professional personalities with the aim of hoodwinking them.Law enforcement agencies have had to reckon with the emergence of this new form of crime that comes with a variety of challenges in addition to its shifting landscape. Often such challenges may be classified as technical, judicial or ethical. Technical problems pose the greatest challenge to law enforcement agencies more so, on the issue of traceability more so considering the anonymous nature with which such crimes are perpetrated. It is always extremely cumbersome to locate the IP address from which such crime occur.Under such cases the criminals at times use other persons IP address to connect to a third party who then is unable to identify the actual source of the crime. Such connections are done using proxie s with socks4 and socks5 proxies often used by criminals. Often criminals are known to resource proxies through use of machines belonging to innocent and unaware users. Such present a challenge to law enforcement agencies in their quest to track down cyber criminals.Criminals are also known to use fast-flux networks in making of website resistant to firewall website filters and any attempts at law agencies to track them down. Such criminal activities always direct attempts to access the IP address to some arbitrary Zombie machine. Convicting of cyber criminals upon arrest may also prove cumbersome due to lack of evidence in such instances that the criminal has encrypted his/her computers data. This thus presents the challenge of obtaining evidence even in such circumstances where the criminal has been positively identified.In addition tracking down such crimes in order to gain crucial evidence is difficult considering that the criminal activity’s traces disappear as soon as t he connection is broken such a challenge may also be attributed to the over-reliance exhibited by law enforcement agencies on ISP’s rather engaging in a day to day co-ordination with the providers as this would enhance quick tracking responses. Ignorance also plays a major role in inhibiting the attempts by law enforcement agencies to fight cyber crime.Most of such crime often goes unreported as ether the victims are unaware that the activity may be classified as criminal or by mere lack of information. Large institutions like banks are also known for failing to report such incidence with the aim of protecting their public image from getting distorted. Other cases are only brought to light after a considerable period of time has elapsed and any evidence that would have aided prosecution has been lost. The digital technology as well as computing convergence has changed the ways of life.Unprecedented criminal opportunities have emerged with some unforeseeable criminal activitie s becoming a reality. This comes with the need for prosecutors to possess effective knowledge to deal with these emerging crimes. Appropriate training of the relevant law enforcement agencies to meet the competencies exhibited by such criminals is also a fundamental issue. Most countries, more so the underdeveloped countries lack effectively trained personnel to counter the activities of the criminals.The moral underpinning of cyber crime is also bound to pose a challenge to the law enforcement agencies as their action aimed at reacting to the same may be interpreted as a human right violations. Such may include arbitrary searches in quick response to an ongoing connection which may be interpreted as a search without warrant. On the other seeking a search warrant may provide adequate time for the perpetrator to break connection before identification.Jurisdiction problems likewise remain a major challenge to the law enforcement agencies in fighting of cyber crime. Cyber crime is know n to take a transnational perspective across various countries borders. The fundamental issue then arising is the issue of sovereign jurisdiction. In USA V Griffiths, the question of dual criminality was raised and the consequent requirement for existence of the same to allows criminal extradition.While one country may have already recognized a respective cyber offense as constituting a criminal offense, the other may have not. The resultant effect then would allow a criminal to operate from one given country without fear of facing legal action and harming victims of another country. The cases clearly illustrated the extent to which judicial barriers may hinder law enforcement agencies from effectively performing their duty and apprehend such criminals.In R v BODEN the existing legal provisions proved insufficient to sustain prosecution of Mr. Boden resulting to his release. In addition the question as to who holds jurisdiction likewise presents an obstacle to law enforcement agenci es in fighting cyber crime. When a criminal commits the crime in one country but it affects an individual in another country, there exist no clear legislations that prescribe the country on whose laws such an individual should face prosecution.The major jurisdictional problems facing law enforcement agencies in fighting cybercrime can be summarized as being the lack of harmonized rules in qualifying offences as cyber crimes within various states legal structures, lack of laws empowering investigative agencies in various states capabilities to trail crime across the borders and lastly inadequacy of laws allowing international cooperation to allow cross border prosecution. In the book â€Å"Underground† by Dreyfus a true story about an underground computer group threat predated the internet for more than ten years is narrated.The group was accused of having hacked into secure systems including; the Citibank, the pentagon NASA, NATO among others. It took several raids by both th e federal police and the police agencies to bring down the group. The group was subsequently brought to trial under the telecommunications act of 1991which was cited as outlining the legal proceedings surrounding cyber crimes. The penalty levied on the four who hacked major secured websites has been subject to criticism more so regarding the weight of the sentence in relation of the magnitude of the crime committed.The crimes if physical would have otherwise been considered dangerous and would have attracted sever sentence. This once again puts into spotlight the effectiveness of the Australian laws in dealing with such crimes. The question arising then was whether or not these regulations are sufficient enough to curb the cyber crimes menace. The latest bill on anti money laundering offers stiffer penalties accompanied with possibility of long term imprisonment thus meting out proportional penalties which could have a deterrent effect on such crimes.The 1991 telecommunication act i ncorporated section 74 and 76 criminal code of Australia in illustrating the issue of carrier and data. The legislation describes carrier and data considered property of the Australian commonwealth. The law includes data originating from commonwealth computers as well as data into the commonwealth computers as constituting carrier and data within the section definition. Unauthorized access to commonwealth computers is classified as criminal under section 76(b)-1 with section 76(b)-2 describing what qualifies as unauthorized access.Section 76(b)-3 expounds further to deal with acts that impeded, destroy or after data. Section 76(D) on the other hand emphasizes the on the mode of entry while section 76(e) specifies the prescribed punishment for individuals who contravene the provisions of the aforementioned sections. Unlike the previous cases where creative adaptation was applied in trying to deal with new crimes, the act currently addresses specific cases of computer crimes. For inst ance in the 1980’s the reported cases faced difficulties regarding whether or not legislation on theft could be applied to computer hackers.In the rulings the court held that information was not property and thus incapable of being stolen. Based on this, Gordon Hughes at one point suggested that hacking of computers could not be considered to constitute an act of theft. However, the telecommunication act, 1991 prescribes specific clauses that handle such cases. Section 76 of the act not only addresses the issue of unauthorized access and illegal copying, but goes further to include resulting damages of such access as constituting a criminal offense.Another milestone made by the Australian laws in fighting cyber crime is evidenced by the Victorian state parliament’s amendment of the 1958 Crimes Act top cater for cyber stalking crimes. The act caters addressing cyber stalking eliminating the cumbersome need for proof of a offenders conduct is such circumstance where the offered meant harm. The legislation goes along way in solving the burden of proof shouldered on law enforcement agencies in addition to the fact that unlike its predecessors it offers provisions for extraterritorial jurisdictions.It is important to note the burden of proving evidence that an offender was stalking was quite cumbersome given the fact that the evidence would disappear as soon as the communication was broken. However, with this new law an offender is considered to have engaged in a criminal by virtue of having meant harm in his/her activity. The cyber crime act has in addition addresses damages and computer related offenses offering more extensive approaches. It was formulated in line with THE recommendations of the Model Criminal Code officer’s committee.E-commerce has also been on the rise to more so in Australian and USA. The number of internet banking service being offered is constantly on the rise. The Australian government to deal with fraud related issues in this area has a series of legislations that control such operations. Such include; the proceeds of crime act 1987 which has the effect of obligating financial institutions to maintain all transactions records for future references, the payment systems regulation, 1998 within borrows a lot from the Wallis report.The Wallis legislation establishes three key regulators of e-commerce namely; The Reserve Bank of Australia, The Australian Prudential Regulation Authority and the Australian Securities and Investments Commissions. Such emerging legislations in Australia have had the effect of sealing some of the loopholes that would have let such crime activities go unpunished like the DPP v SUTCLIFFE, the magistrate’s court considering the trans-boundary nature of the crime in question, considered it as not being in apposition to effectively handle the matter.The Victorian Supreme Court’s decision however in effect came in to redeem the situation to an extent by establishin g jurisdiction of the court. Nonetheless the applicability of the crimes act 1958 still posed a challenge to the court in its examination of the reasons that made stalking a criminal offense. This still remains a challenge as even the 2003 amendment in its section 6(3) still makes specific to such cases with regard to limitations of the courts in the light of the individuals rights.The cases essentially reflected some of the hurdles provided for by the law in the fight against cyber crimes. While the Australian law has made major milestone in dealing with cybercrime within its territory, trans-national cyber crime still remains a challenge. In US v Griffiths, for instance the Australian legislations allowed for extradition of a suspect to face charges in the USA, however, the same cannot be said of other countries whose citizens commit crimes against Australian systems.Most countries still lack legislations that would provide grounds for such extraditions. This step was inline with both the international and the European conventions on cyber crimes which stressed the need for nation’s cooperation and unity in the fight against this vice. The convention just like the Australian laws undertook an extensive elaboration of the various forms of cyber crimes emphasizing the need for the member states and other signatories to develop legislation on the same.Unlike the early 1980’s where the legislation focused on criminalizing unauthorized access to computer systems without considerations of the inadequate investigative authority and penalties, recent reforms in Australia have taken a more realistic approach to safeguard computer systems integrity having acknowledged their centrality and commercial value. The cyber crimes act offers the much needed national model for legal response to cyber related offenses. The act possesses transnational aspects as constituted in the European Council Cyber Crime Convention.This allows expanded jurisdictional scope. Th e Australian cyber laws adequately prepares it to respond to the emerging cyber crimes more so considering the larger extra-territorial jurisdiction which recognizes both multijurisdictional dimension presented in Australia and overseas jurisdiction. Laws expanding on search warrant and conduction of covert surveillance have additionally had the impact on facilitating gathering of evidence. In general the Australian legislations provide adequate tools in dealing with the cyber crime menace.

Trusts, Gifts and Estates term paper (ANY TOPIC) Essay

Trusts, Gifts and Estates term paper (ANY TOPIC) - Essay Example This results to the preservation of a harmonious familial relationship and the achievement of several financial benefits such as the creation of cash reserves and the after-tax income available. According to Brown and Myers (2008), it is important to underscore that the primary objective of all family estate planning is to provide psychological and financial security by obtaining â€Å"the maximum benefits of principal and income for the family and to pass on the family property intact (i.e. without losses)† (23). The last will and testament is an excellent example of estate planning and administration. There is also the case the revocable living trust. Both of these are popular choices for people seeking to manage and administer their assets and properties. This paper will explore why the revocable living trust can prove to be more beneficial for everyone than the last will and testament. Background The last will and testament or more generally known as the will is a legal do cument that provides the disposition of assets and properties. Simply put, in case of death, the ownership of a property is transferred according to the terms of the will of the deceased, the terms that document his desires particularly in the distribution of his estate and assets (Wardle and Nolan, 1042). Gau (2004) provided another definition, which states that it is â€Å"an expression of a person’s wishes for the disposition of property and the protection of loved ones at the time of the maker’s death† (7). The US legal framework considers the use of will as a developmental offshoot of basic estate planning, that one with the simple goal of planning for death (Wardle and Nolan, 1039-1043). It was further provided that the impetus for the development of wills was the need for federal estate tax planning for death and lifetime transfers (1039-1040). Baker wrote that the key is to keep it up to date because a clearly defined will could be the best piece of lega l work that one could have that can be used to honor one’s wishes and in defining the family’s futures (52). She also stressed that the will is a reliable backup to a trust in the estate planning process, in addition to several conditions, which she has listed such as: The fact that there are properties that are better left in a will; Money such as lottery winning can be distributed after death through a will and as a component of an estate plan; Parents with minor children. The will can name the guardian and the administrator of assets and properties before the children reach legal age; The appointment of an executor; and Disinheriting a person (Baker, 53-54). There are many other instances where the will is indispensable. It is important for people interested to draft their own wills to consult an estate planning professional or an estate planning team. The process may be simple, but there is a requirement to be thorough, clear and detailed so that the documented wou ld not be invalidated, contested and misinterpreted. It is also important to highlight that if assets are to be transferred through a will, the maker is necessarily deceased. The utility of the will as explained in this section does not mean that there are no other alternatives. There are several others that people prefer because it is more beneficial or that it is aligned with their own estate planning objectives. The Revocable Living Trust

Evaluation Argument Essay Example | Topics and Well Written Essays - 2500 words

Evaluation Argument - Essay Example 3) The argument is aimed at the general audience, some of whom may have differing opinions about the appropriateness of the pirate costume for a Halloween party. But they need to consider the validity of the costume keeping in mind the historical backdrop of pirates and how pirates still exist today, although in different guises. Some may find other costumes more appropriate and reject the idea of a pirate costume altogether. But the point to be noted for this discussion is that other costumes fail to satisfactorily meet all the criteria. 4) In forming the argument, I aim to base the validity of using a pirate costume from real life historical events and how many of the other costumes are borne from fiction and fantasy and not reality. In researching this topic, I refer to historical records pertaining to the age where much of the world's commerce was derived from ship farers and how high sea robbers spent much of their time chasing these ships for bounty. 5) The argument will be organized by first comparing the origins of some of the other costumes, (whether they came from fantasy or reality) with the pirate costume which is clearly based on historical fact. By focusing on the 'reality' aspect of pirates, explaining the fact that such bandits actually existed in the past, some credibility is given to the idea of a pirate costume. ... The argument will strive to give credence to the pirate, highlight the characteristics of strength, courage and daring that were the hallmarks of a pirate's personality and life. Comparisons will also be made with others costumes, against the different criteria and whether or not they are met. 6) The audience are both readers who like to believe that a pirate is the best costume for a Halloween party and to other readers who think otherwise but who would gain extra understanding from the argument proposed here. PAPER OUTLINE The introduction will enquire as to what is the best costume for a Halloween party and asks as to what are the different criteria to be used to base the argument on. A claim will be made about a pirate costume being ideal for a Halloween party. A selection of different criteria will be stated that are to be met in order for a pirate costume to qualify as being the ideal costume. The body of the final paper will set out to explain what various costumes represent, giving examples about whether the costumes originate from real life or fantasy. Next, the origin of wearing costumes in the context of Halloween is detailed and how the practice came about. Also a mention will be given to the justification of wearing a pirate costume for a Halloween party when clearly a pirate costume was never originally a part of the tradition of Halloween. This part will also look into the liberation a mask or costume can provide and how a pirate costume can enable the wearer to freely act out the role, thus providing some entertainment value. Comparisons with other costumes will also be made, even those that share similar 'qualities' with the pirate costume. A mention will also be given to the link that a pirate's traits has with a

Strategic decision making (Paper Subject) Assignment

Strategic decision making (Paper Subject) - Assignment Example There were four groups of most unprofitable customers in 1999, as presented in Exhibit 3 of the case study. These were young professionals with 82% unprofitable households, boomers with 59% unprofitable households, others with 56% unprofitable households and retirees with less than one $100,000 in assets with 55% unprofitable households. Least unprofitable were retirees with assets above $100,000 with 9% unprofitable households. Changes occurred since 1999. Exhibit 3 shows that in 1999, the wealthiest customers were not the worst performing. In 2000, wealthiest customers were among the worst performing customers. Retirees remained the best performing customers in the tenth decile for both periods. However, the solution to unprofitable customers might be retention. Unprofitable customers can be turned into profitable once some of the services available to them are either eliminated or a fee is charged. Once turned profitable, in the long run they can increase company’s profits. If customer retention is high and acquisition is done wisely so that no new unprofitable customers are attracted and retained, the company can increase the number of customers, as well as their profits. AIMS is one of the larger services providing companies in the USA. In 2000 they had 3.9 million customers and over $500 billion in assets (AIMS, p.1). They span two different product lines: mutual funds and full – line brokerage services. They have three different distribution channels and different types of customers based on age, activity and wealth. There are six main types of customers. Six main types are retirees, active traders, wealthy customers with over $2 million in assets, then less wealthy customers with assets ranging from $500,000 to $2 million, boomers and young professionals. Largest group are the boomers, with 1.8 million customers (AIMS,

Factory System Essay Example | Topics and Well Written Essays - 1750 words

Factory System - Essay Example The Factory System as it is known today when we refer to the onset of the industrial age of modern day England was the use of machinery for mass production (Boyson, 1970, pp. 34 - 52). Former cottage based industries or rather production that took place in the homes, cottages, hut (any form of residence of the workers) or any type of production that took place prior to the 1780s were moved to a centralized location that came to be known as a "factory". This was mainly caused due to the introduction of machinery for the production and manufacture of goods at the turn of the nineteenth century and since machines were too large to be housed in cottages of the workers and since it was too costly to provide each worker with an individual machine and also since several workers were necessary to operate one machine alone, the only option that was left to owners of the machinery were to house the machinery in a large buildings and have the workers manufacture the products in the "factory" un der the strict supervision of the machinery owners or supervisors who were hand picked by the owners (Thompson, 1967, pp. 81 - 93). Due to this centralization of labour and machinery, there was much migration from the villages to the industrial hubs in the country and thereby began the "factory system". And this migration from the village to the cities or the industrial centres were apparent in the early part of the nineteenth century The Impact of the Factory System on the Labour The onset of the factory system had many different impacts on the labour force, these impacts were both good and bad. By bringing workers under one roof it was easier for owners to supervise and manage the manufacture of products, they were also able to ensure that work was not duplicated and it was carried out in the most efficient manner possible. Also it was the factory system that was the cause of the development of modern day management theory through the studies that were carried out by individuals like Fredrick Taylor and others. By bringing labour under one roof the owners were able to discipline the staff appropriately and especially they were able to ensure that productivity was high, therefore as owners of the machinery they stood to gain a great deal. In the case of the workers the benefits and disadvantages that they faced were quite mixed. While the factory system gave them a steady income, living in such close quarters with so many different individuals, living in unsanitary conditions as the big cities turned out to be due to the convergence of workers and working in very unhealthy environments that were often inadequately lit up and ventilated caused much disease and also created an unsafe environment where workers were often prone to succumb to fatal accidents. While some opponents of the factory system insist that the machinery imposed discipline on the workers the author of this paper begs to differ on