Law Government & Policy

Discuss about the Law Government & Policy.

Robards, K. (2011). Justice. New York: Gallery Books.    

The issue is about the civil rights and freedoms of juveniles serving their time in Australian correctional facility but find themselves in a torturous and a bard treatment of young offenders in the northern facility. There are various issues of concern and worth noting. This are the importance of liberalism, democracy and justice.

Importance of Liberalism, Democracy and Justice

Liberalism

Political liberalism begins with the struggle of the bourgeoisie against the absolutist power of the nobility. This struggle was in the transition period going from feudalism to the first stage of bourgeois capitalism (Kelly, 2005). Liberalism is important because itis a political ideology that, from the outset, advocated formal equality with the hierarchical and hereditary power. Additionally, Its struggle was to equal opportunities for all, in such a way that civil rights are respected by every person.. Liberalism is an ideology that is set according to the course of natural law in which men are born free and equal and must remain throughout his life this way.

Democracy

Political democracy clearly expressed is the right to choose freely, in all constitutions that proclaimed that everything that is not prohibited and implicitly permitted; that is why, in most countries where political liberalism is in force, there is an executive, legislative and judiciary because there must be controls to prevent anarchy or despotism prevail within a State.

Justice

 Intuitively we could all recognize the link between justice and law enforcement. Thus, it is common that when someone commits a crime against the interests of another person , it forces the aggrieved person to go to court demanding justice (Prenzler, 2009).
In order to rely on this form of justice it is essential for our political community that there are some individuals who can ensure and monitor compliance with the laws.

Case Study

Civil rights in relation to democracy, liberalism and justice can be illustrated in the liberation and struggle for equality, justice and democracy during the apartheid periods in South Africa. Civil rights were violated in search of democracy and justice. The struggle for liberation is only shown in this struggle led Nelson Mandela and other freedom fighters.

Research Materials and Research Process

The subject is based on fundamentals of civil law. Sources and law Person is the basis of previous and basic knowledge of civil law, which is configured as a general private law and regulates the rights and legal relations of individuals. Subject studying the institutions of the Preliminary Title of the Civil Code and the right of the individual centers. In this way, the student is provided basic legal concepts on which to base later knowledge of other subjects that make up the module of Civil Law.

Case Study

Civil rights in relation to democracy, liberalism and justice can be illustrated in the liberation and struggle for equality, justice and democracy during the apartheid periods in South Africa. Civil rights were violated in search of democracy and justice. The struggle for liberation is only shown in this struggle led Nelson Mandela and other freedom fighters.

Research Process

Before enrolling the course, verify any requirements you may have in your plan. This information can be found in the “Curriculum” tab of the corresponding plan. (Robards, 2011)
The research process aims at identifying the problem and solving the problem. It involves the following

  1. Identification of the problem
  2. Review the literature
  3. Problem clarification
  4. Definition of terms and concepts
  5. Define population
  6. Develop the instrumentation plan
  7. Collect data
  8. Analysing the data

Surpassed the subject “Fundamentals of Civil Law”, the student should be able to. To analyze the relationship between the sources of civil law and its institutions and synthesize their contents and relationships.
Critically interpret the rules of civil law and especially those governing the sources and rights of the individual. Know the main decisions of jurisprudence on the application of the rules and institutions of civil law concerning sources and rights of the individual.

Methodology

Knowledge of the subject are acquired through reasoned consideration of all the manual teaching units, as well as additional teaching materials are made available to students in the Virtual Classroom.

It is also necessary that students carry out the continuous assessment activities and planned learning in the “schedule of activities of continuous learning and assessment”, and defined in the “evaluation system”, paragraphs both listed below in this teaching guide.

Virtual Classroom: Through the classroom the student can communicate at any time with their teacher and peers.
The recommended literature and supplementary materials associated with the development of each subject will be provided in the Virtual Classroom to thread the development of teaching  also has multiple resources for student learning, such as:

 1)   Virtual library e-library: Our students have access to a virtual library with over 65,000 titles.

 2) Youtube:  has its own channel where teachers can post interesting videos for training students.
    (Www.youtube.com/universal)

Federal

The Federal (or Confederation) Government is the national government of Australia. Implements the laws created by the Parliament of the Confederation, which cover trade and industry, quarantines, currency, patents, marriages, immigration, defense, telecommunications State / Territorial

States (New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania) and territories (Northern Territory and the Capital Territory of Australia) Australians are responsible for the police, public schools, roads and transit, public hospitals, public housing and commercial regulation.
Local

They are responsible for urban planning, building permits, local roads, parking, public libraries, public toilets, water and sewage, waste collection, pets and community facilities. Local taxes (called tariffs) were charged to homeowners based on the value of housing. These taxes are used to pay for services provided. Local governments also charge fees for parking.
Which level of just

The federal government would be the most appropriate to deal with civil rights issue due to the jurisdiction and mandate within the law.    

why

To issue general regulations and other arrangements for the proper performance of their duties 

The issue is addressed to the Australian minister for justice and legal affairs, hon. Michael Keenan. He is part of the government of Australia and was appointed the minister for justice in 2003. He also adds up to be the deputy prime minister of the federal republic of Australia. The reason for addressing him is because his ministry deals with all matter justice. 

References

Brezina, C. (2012). Frequently asked questions about juvenile detention. New York: Rosen Pub.

Cornwell, D. (2013). Civilising criminal justice. Hampshire, U.K.: Waterside Press.

Dewey, J. Democracy and education. Champaign, Ill.: Project Gutenberg.

Hoge, R. & Andrews, D. (2010). Evaluation for risk of violence in juveniles. Oxford: Oxford University Press.

Judicial assistance. (2012). [Washington, D.C.].

Kelly, P. (2005). Liberalism. Cambridge: Polity.

Knorr, D., Heine, C., & Engberg, J. Methods in writing process research.

Kupchik, A. (2006). Judging juveniles. New York: New York University Press.

Lubow, B. & Barron, D. (2000). Resources for juvenile detention reform. [Washington, DC]: U.S. Dept. of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

Miller, D. (2009). Torture. Detroit: Greenhaven Press.

Olsen, H. & Toddington, S. (2007). Architectures of justice. Aldershot, Hants, England: Ashgate Pub. Co.

Perry, S. (2011). An open letter to members of Parliament and the Australian people. [Beech Forest, Vic.]: Selwyn Perry Choice Books.

Prenzler, T. (2009). Ethics and Accountability in Criminal Justice. Bowen Hills: Australian Academic Press.

Robards, K. (2011). Justice. New York: Gallery Books.

PART B

Submission Grant Letter 

Hon. Michael Keenan, MP

Minister for Government

Minister for Justice and Deputy Prime minister,

  1. O Box 112

Queensland. 

Dear M. Keenan MP,

I am writing this submission letter to express my concern with the State government regarding the situation that was witnessed at a juvenile correctional center. The  International and regional human rights cases violation of child rights shows clearly the mistreatment and torture of 6 juveniles between the ages of 14- 19 years. How juvenile justice fits within the mandate of the most urgent appeals issued by the Program right Child rights fall within the field of Court House to the minor: arbitrary arrests, torture in custody police, absence of judicial guarantees, abusive punishments and execution.

Rights of the Child, Human Rights Committee, Committee Against Torture) mainly focus on juvenile justice, in legal terms and in practical terms. In its promotion and work training,

Torture is cruel and inhuman, it is prohibited by international law and cannot, never ever, justified In order to rely on this form of justice it is essential for our political community that there are some individuals who can ensure and monitor compliance with the laws. How juvenile justice fits within the mandate of the most urgent appeals issued by the Program right Child rights fall within the field of Court House to the minor There are several key issues I would like you to address. They include;

  • Tear gas, spit masks used on juveniles as young as 14

It is a little hard to imagine a correctional officer throwing tear gas to helpless juveniles in detention who are only minding their own business. The Australian child protection and child rights act protects against such inhuman treatment and torture against children whether in solitary confinement or otherwise. I am requesting that a probe be instituted in the Northern Territory. The commissioner has owned to the fact that the treatment given to the teenagers was little unfair, however, such actions must not go unpunished. According to the Australian law, torture especially to the minors is a criminal offence. Additionally, Its struggle was to equal opportunities for all, in such a way that civil rights are respected by every person

Juveniles in Solitary Confinement Without Windows, Fans

This shows the level of inhuman and unfair treatment given to the juveniles.. solitary confinements only adds to mental pressure and stress to the poor teenagers.. solitary confinements acts on their emotional and physical wellbeing. The six teenagers reacted the way they reacted to these inhumane acts due to the conditions they were put under. I suggest that in accordance to the Australian law to give the teenagers an  environment conducive enough for their development and self awareness. I would seek that the officers who did this be put on trial and necessary actions taken to prevent any further occurrence of the same.

No Drinking Water for More than 72 Hours

They say that water is life. The teenagers were not given water for more than 72 hours and this led them to behave the way they behaved.  Their actions were justified as they were fighting for their right to have water to drink. Denying them water is only meant to agitate them into a confrontation with the correctional officers. The officers were also using abusive language to address the teenagers as shown in video captured on CCTV footage. Lack of water will cause a an outrage from the juveniles. As earlier mentioned , the juveniles have a right to safe and clean drinking water. This is not a punishment but a correctional centre where there character is molded to eneble them make better decisions and be responsible in the future. . Denying them water is only meant to agitate them into a confrontation with the correctional officers. Torturing them will only aggrevate the situation leading to reactionary measures by the children. As to this, I kindly request that as the minister for justive and legal affairs and part of government, take actions on this officers who torture children in detention camps instead of moulding them into better beings during their stay in the correctional facility. Additionally, institute guidelines and laws to safety in this facility while setting standards in the correctional areas. Kindly follow on this case sir. 

Report Follows Investigation by Dr Howard Bath

The report shows mistreatment NAAJA where the children in detention camps come to the station feeling depressed and mistreatment so as to go to the lengths of escaping from the detention center, stealing a car and breaking through the front door of the detention with the car. Such is the level of anger harbored by the teenagers. (Brezina, 2012)

There is a consistent pattern of torture of people in police custody before being charged or in post-trial detention. Torture can start at the same time of arrest, so that safeguards must be established from the beginning. However, it has received information on torture at all stages that people have some contact with the police or security services: from into custody until the end of the period of detention or imprisonment. Detention incommunicado facilitates torture and constitutes cruel, inhuman or degrading treatment and even torture. The six teenagers reacted the way they reacted to these inhumane acts due to the conditions they were put under

Like torture, forced disappearance is strictly prohibited by international law. Persistent reports of teenagers who remain detained in unknown locations or secret detention centers. All cases of secret detention constitute enforced disappearance. (Cornwell, 2013)

Torture is often an abusive shortcut to extract “confessions”: the victim, often or very often, signing what is set before the end with such torture. If you add to this the cooperation of courts look the other way, allowing police to obtain convictions quickly and easily, although the real criminals to remain free on the streets. It can also be a common practice of the police to humiliate and extort money from victims.

States use cruel and degrading punishment against children to severely restrict their rights.
Barring torture. Torture in custody is usually carried out in secret, either in police in interrogation rooms or in prison. Fortunately, this case was documented in the cctv footage

Therefore, one of the best ways to prevent and avoid the torturers go unpunished is to make it visible. It is therefore necessary to ensure that necessary actions are taken to the offenders and the children in detention camps well treated. I suggest that in accordance to the Australian law to give the teenagers an environment conducive enough for their development and self- awareness. However, it has received information on torture at all stages that people have some contact with the police or security services: from into custody until the end of the period of detention or imprisonment. I would seek that the officers who did this be put on trial and necessary actions taken to prevent any further occurrence of the same (Hoge & Andrews, 2010). Torture can start at the same time of arrest, so that safeguards must be established from the beginning. There is a consistent pattern of torture of people in police custody before being charged or in post-trial detention 

Thank you for taking the time to consider my submission.

Yours sincerely,

Lead report researcher,

R.keynan.

References

Brezina, C. (2012). Frequently asked questions about juvenile detention. New York: Rosen Pub.

Cornwell, D. (2013). Civilising criminal justice. Hampshire, U.K.: Waterside Press.

Dewey, J. Democracy and education. Champaign, Ill.: Project Gutenberg.

Hoge, R. & Andrews, D. (2010). Evaluation for risk of violence in juveniles. Oxford: Oxford University Press.

Judicial assistance. (2012). [Washington, D.C.].

Kelly, P. (2005). Liberalism. Cambridge: Polity.

Knorr, D., Heine, C., & Engberg, J. Methods in writing process research.

Kupchik, A. (2006). Judging juveniles. New York: New York University Press.

Lubow, B. & Barron, D. (2000). Resources for juvenile detention reform. [Washington, DC]: U.S. Dept. of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

Miller, D. (2009). Torture. Detroit: Greenhaven Press.

Olsen, H. & Toddington, S. (2007). Architectures of justice. Aldershot, Hants, England: Ashgate Pub. Co.

Perry, S. (2011). An open letter to members of Parliament and the Australian people. [Beech Forest, Vic.]: Selwyn Perry Choice Books.

Prenzler, T. (2009). Ethics and Accountability in Criminal Justice. Bowen Hills: Australian Academic Press.

Robards, K. (2011). Justice. New York: Gallery Books.

 

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