The Relationship between Prosecutors and Defenders

2021 ◽  
pp. 350-372
Author(s):  
Ellen Yaroshefsky
Keyword(s):  
United States ◽  
Legal System ◽  
The United States ◽  
Individual Characteristics ◽  
Defense Attorneys ◽  
Power Differential ◽  
Number Of Factors ◽  
Race Ethnicity ◽  
The Difference ◽  
The Relationship

The interactions between prosecutors and defense attorneys in any given legal system depends on a number of factors. The most important is the power differential between the two positions, and the difference between the two is greatest in the United States. The deep-seated differences between adversarial and inquisitorial legal systems has an important influence on the gap in power between prosecutors and defenders. The nature of the relationship between prosecutors and defense lawyers also depends on professional and office culture within both the prosecutor’s office and the defender’s office. Individual characteristics of the attorneys, including experience, age, race, ethnicity, gender, and personalities, also shape the relationship. This chapter summarizes the effects of these structural and individual qualities, while describing the limited empirical research on the topic and the challenge of drawing generalizable lessons from studies that focus on institutions in only a few locations.

scholarly journals Interconnection of polycultural and inclusive education on the example of the USA

2021 ◽  
Vol 13 (3) ◽  
Author(s):  
I.S. Bessarabova ◽  
◽  
E.S. Kurysheva ◽  
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Multicultural Education ◽  
Inclusive Education ◽  
The United States ◽  
Individual Characteristics ◽  
Educational Process ◽  
Modern World ◽  
Equal Rights ◽  
The Relationship

The relevance of the research is due to the multicultural nature of the modern world, where all members of any society must have equal rights for high quality educational services, despite individual characteristics that may manifest themselves in race and gender, social status, and alternative development. Multicultural education, being a priority in the US educational policy, has stimulated the development of inclusive education in the country, thereby providing access to education for all citizens with disabilities. Thus, a comprehensive school acquired the status of the main institution for the socialization of students, regardless of their educational capabilities and needs. Consequently, the problem of the research is to identify the relationship between multicultural and inclusive education in the United States. The purpose of the research was to characterize the common features of multicultural and inclusive education on the example of the United States. In the course of the research, the following methods were used: analysis of domestic and foreign literature on the research problem, as well as methods of comparative analysis, generalization and systematization. The research results are the main features of multicultural and inclusive education in the United States have been analyzed, the main goals of multicultural and inclusive education in the United States have been correlated; the principles of multicultural education, which form the basis of inclusive education in the United States have been considered; the relationship of inclusive and multicultural education on the example of the United States has been substantiated. Key conclusions: the presented principles of multicultural education (the principle of variability, differentiation, exclusion of any kind of discrimination, humanistic orientation of the educational process) forms the basis for the organization of inclusive education in the United States. A comparative analysis of the goals of multicultural and inclusive education in the United States has shown their general focus on providing affordable and quality education to all members of society, regardless of identity.

Crises and Schlesinger's Cycles of American History (1789–1986)

1994 ◽  
Vol 74 (2) ◽  
pp. 642-642 ◽  
Author(s):  
Stewart J. H. McCann
Keyword(s):  
United States ◽  
American History ◽  
The United States ◽  
Public Purpose ◽  
History Of ◽  
Entire History ◽  
The Mean ◽  
The Difference ◽  
The Relationship ◽  
Crisis Index

The relationship between Schlesinger's American history cycles and a crisis index was examined. The difference between the mean crisis value for private interest phases and public purpose phases approached significance, but adjustments for easily explained anomalies produced complete correspondence between cycle fluctuations and crises for the entire history of the United States.

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

scholarly journals PROTECTION OF PATENT RIGHTS

2018 ◽  
Author(s):  
Deni Hardianata
Keyword(s):  
United States ◽  
Legal System ◽  
Patent Protection ◽  
The United States ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
State Regulations ◽  
Transfer Of Technology ◽  
The Difference ◽  
The Uk

The difference in the legal system for protecting the scope of patents in various countries, not only imports new investments but also determines the technology transfer process of a country. Widespread protection causes the transfer of technology to be not easy despite the lack of protection because patent owners suffer losses. The two differences in intention resulted in the need for comparative studies on patent protection coverage in countries. There are two problems that must be explored, first what are the differences and similarities in the scope of patent protection in state regulations and the second how does the legal system affect different events? This problem will use the research method of a comprehensive statute approach and comparative approach, case approach, and conceptual approach. The results of the study found patent protection in European countries, the United States, Japan, and Indonesia have similarities in protection requirements that regulate new things, inventive steps, and industrial application. However, protection in the United States was initially to create temporary bases of other countries based on the first file. Then the scope of patent protection there was that Germany had implemented the widest protection, then the United States, and Japan, then the Netherlands. It means that the UK is a limited protection state. Differences in patent protection are influenced by the common law legal system which refers more to precedents than to civil law with its codification. Germany is the only country that applies rigid codification to patent protection. This means that Indonesia has limited patent protection coverage related to the limited cases resolved in court

scholarly journals The Association Between Educational Attainment and Diabetes Among Men in the United States

2014 ◽  
Vol 8 (4) ◽  
pp. 349-356 ◽  
Author(s):  
Shanta M. Whitaker ◽  
Janice V. Bowie ◽  
Rachael McCleary ◽  
Darrell J. Gaskin ◽  
Thomas A. LaVeist ◽  
...  
Keyword(s):  
United States ◽  
Educational Attainment ◽  
The United States ◽  
Bachelor's Degree ◽  
Logistic Regression Models ◽  
Hispanic Men ◽  
Race Ethnicity ◽  
The Relationship ◽  
Racial Ethnic ◽  
Hispanic White

Few studies have examined the relationship between education and diabetes among men in the United States and whether this relationship differs by race/ethnicity. This study examined whether racial disparities in diabetes existed by educational attainment in 336,746 non-Hispanic White, non-Hispanic Black, and Hispanic men 18 years of age and older in the United States. Logistic regression models were specified to examine the odds of reporting diabetes by educational attainment. Within race/ethnicity, both White and Hispanic men who had less than a high school education (odds ratio [OR] = 1.42, 95% confidence interval [CI] = [1.19, 1.69], and OR = 1.64, 95% CI = [1.22, 2.21], respectively) had consistently higher odds of diabetes than men with a bachelor’s degree or higher level of educational attainment. Educational attainment did not appear to be associated with reporting a diagnosis of diabetes in non-Hispanic Black men. Identifying why educational attainment is associated with diabetes outcomes in some racial/ethnic groups but not others is essential for diabetes treatment and management.

Perbandingan Pengaturan Hukuman Mati di Indonesia dan Amerika Serikat

2020 ◽  
Vol 3 (1) ◽  
pp. 99-115
Author(s):  
Hesti Widyaningrum
Keyword(s):  
United States ◽  
Death Penalty ◽  
Legal System ◽  
Common Law ◽  
The United States ◽  
Criminal Code ◽  
Life Threatening ◽  
The Common ◽  
The Difference ◽  
United States Code

This article discuss the comparison of the death penalty between Indonesia and the United States which has a different legal system. This study used normative juridical method by comparing the legal system and the implementation of death penalty in the two countries. The difference of the death penalty in Indonesia and the United States lies in the crime. In America, life-threatening, cruel crimes and genocide  are regulated in the United States Code. Whereas in Indonesia, Criminal death for genocide, foreign smuggling crimes, and drug crimes are enforced in the Special Act where the crime is included in the category of special crimes. Alternative punishment for death penalty also differs between Indonesia and America where the fine is a cumulative or facultative crime with a specific imprisonment as an alternative punishment for death peanlty. The conclusion of this study shows that the application of death peanlty is not based on the legal system adopted by a country both in the common law and civil law. Criminal Code in Indonesia does not always contain acts of crime that are punishable by death, while in USC in America contains criminal acts pusisable by death.

Abusive Men's Use of Children to Control Their Partners and Ex-Partners

2007 ◽  
Vol 12 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Marisa L. Beeble ◽  
Deborah Bybee ◽  
Cris M. Sullivan
Keyword(s):  
United States ◽  
Intimate Partner Violence ◽  
Partner Violence ◽  
Emotional Abuse ◽  
The United States ◽  
Intimate Partner ◽  
Anecdotal Evidence ◽  
Multiple Variables ◽  
The Relationship

While research has found that millions of children in the United States are exposed to their mothers being battered, and that many are themselves abused as well, little is known about the ways in which children are used by abusers to manipulate or harm their mothers. Anecdotal evidence suggests that perpetrators use children in a variety of ways to control and harm women; however, no studies to date have empirically examined the extent of this occurring. Therefore, the current study examined the extent to which survivors of abuse experienced this, as well as the conditions under which it occurred. Interviews were conducted with 156 women who had experienced recent intimate partner violence. Each of these women had at least one child between the ages of 5 and 12. Most women (88%) reported that their assailants had used their children against them in varying ways. Multiple variables were found to be related to this occurring, including the relationship between the assailant and the children, the extent of physical and emotional abuse used by the abuser against the woman, and the assailant's court-ordered visitation status. Findings point toward the complex situational conditions by which assailants use the children of their partners or ex-partners to continue the abuse, and the need for a great deal more research in this area.

Sign in / Sign up

Export Citation Format

Share Document