To be in a car accident is to face our own mortality. No matter how small of an accident that it might seem it appears in our lives with a suddenness that makes us think of how death must arrive on the scene. It’s a complete interruption of our reality. Each moment is a fluid temporal experience which passes through seamlessly on most days. The squealing shrieks of brakes fruitlessly holding back the killing force of two thousand pounds of steel accompanies the crumpling of metal against metal. No wonder a car accident attorney is able to make so much and why they are in such high demand; car accidents such as these happen every single day and can leave those involved in something like a fog. It’s both a physical and a mental trauma that desperately needs to be addressed. Supposedly this is what we pay our car insurance companies for. Continue reading →
Computer hacking generates a lot of controversy these days. Hacking involves the use of computer skills to penetrate a network or a computer mostly to obtain protected and sensitive information. Computer hackers are generally of two types – white hat hackers and black hat hackers. White hat hackers use their computer skills for constructive purposes while black hat hackers use their skills for nefarious activities. To prosecute black hat hackers, different countries have put in place special IT law provisions. Black hat hackers use a variety of tools to breach security systems and obtain sensitive information. These hackers generally use viruses, Trojans, spyware, worms, phishing, sniffers and adware to break into secure systems and defraud both individuals and businesses. As more and more information now is being stored in computers, the legal ramifications of hacking are becoming more serious. With people across the world leading such active online lives, it’s becoming easier for hackers to obtain personal information on just about anyone. Although, the government spends a huge amount of its resources to pursue and prosecute computer hackers, there seems to be no respite from the problems Black hat hackers pose. Even a more stringent IT law isn’t helping the cause. Computer hackers can be convicted if they intentionally access a computer without approval and obtain information that has been determined by the government to require protection for reasons of national security or foreign relations. Hackers can also be prosecuted if they deliberately deliver, communicate or transmit any sensitive data to a person other than the rightful owner. Furthermore, computer hackers can be punished under the IT law if they try to extract information from any non-public computer, information contained in a financial record of any financial institution or deliberately try to obtain information with the intention of fraud. Black hat hackers are punished in different ways depending on the severity of the crime. Notorious computer hackers causing huge damages can face imprisonment of twenty or more years. Small time hackers can be fined for their offences and let off with warnings, especially if they are minors. White hat hackers on the other hand help counter black hat hackers. They generally help government agencies or large financial institutions find loopholes in their networks that can prevent cyber attacks. White hat hackers are also called penetration testers or ethical hackers. Such hackers use various tools such as LOIC or Low Orbit Ion Cannon to find vulnerabilities in a network. These tools help white hat hackers gain access to unrestricted areas by evading security. In this technological age, it has become very important to enact specialized laws to convict black hat hackers. Cyber crimes such as identity thefts, phishing and DDoS attacks are becoming rampant. Websites are being bought down by hackers and numerous cases of identity thefts are reported frequently. Of greater concern is the fact that terrorists can use hacking as an option for cyber warfare. A rigorous, strict IT law that penalizes black hat hackers more stringently is necessary to control the menace.
When people come into our offices, they have a lot of misconceptions about how the law works. For many people, this is the first time they’ve ever been in trouble with the law – or had family who has come in contact with police. So they’re scared, and worried, and believe that what they’ve seen in movies and on the television accurately depicts how criminal law operates in the real world. Let’s talk about some of the common myths about criminal law. My case is going to trial. Many people assume that their case is going to trial – meaning a trial with 12 members of a jury sitting in a box and deciding someone’s fate. First, while I am prepared to take a case to trial if need be, the sheer statistics in the United States indicate that approximately 95 percent of all cases do not go to trial. They are resolved by what lawyers like to call a non-jury disposition. The vast majority are resolved by a plea bargain. Whether your case is going to end by a plea bargain (or felony diversion, drug diversion, or deferral agreement), it’s important that the attorney you hire prepares as if it’s going to trial. Police did not read me my rights. My case will be dismissed. While it’s possible that a case may be dismissed because police failed to read rights, the vast majority of cases never are affected by a failure to read rights. That’s because the rights requirement – the requirement to inform someone of their rights under Arizona v. Miranda – is very limited in its application. It applies only to in custody interrogations. If you were in custody, but police did not interrogate you, then there was no requirement to read you your Miranda rights. If you were out-of-custody, and police asked you questions, then there was no requirement to read you your Miranda rights. And even if a judge finds that your rights under Miranda were violated, the case would only be dismissed if that confession or those statements were the only or primary evidence that the police had of your guilt. If there was other evidence, police are free to use that evidence so long as it was not obtained illegally. My case will be resolved quickly Many people assume a criminal case will be resolved in, at most, a couple of months. And while it’s true that plenty of misdemeanors and felonies can be resolved fairly quickly with outstanding results, if your case is headed to trial, then in many cases it will take at least a year, and perhaps two or more years for the case to be called for trial. That’s because in North Carolina there is no statutory speedy trial requirement, which means that only the federal constitution’s Sixth Amendment right to a speedy trial applies in North Carolina. Police are there to help When the police come to investigate a criminal matter, they are not there to help you. They are there, potentially, to arrest you, and they are in the process of trying to gather as much information as they can to convict you. Falling into the trap of believing that police are there to help you is a sure way to begin digging a hole that leads to a criminal conviction. The police officer promised that if I cooperated, I would not face charges. Or that he would talk to the prosecutor You may have had an interview with a police officer prior to being arrested or prior to being charged. And during that interview, the police officer may have urged you to talk, telling you that if you cooperated it would “go easier in you.” In general, it never makes sense to talk to police without a lawyer present. That’s because police do not necessarily need to tell you the truth, or honor promises to “talk to the judge” or “put a good word in with the DA.” Anything you say during that interview will be used against you. There are no secrets kept. Always have a lawyer when talking to police. I can have a conviction expunged. North Carolina has very restrictive expungement laws. If you’re convicted after the age of 18 of a felony or most misdemeanors, the law prohibits expungements. Expungements are available for people under the age of 18, or for cases in which the matter was “voluntarily dismissed” (VD) or where the case is dismissed at the close of State’s evidence, or where the judge or jury finds the defendant not guilty. But under North Carolina law, a person is only entitled to one expungement in his or her life. I can handle this case myself, without hiring a lawyer. Sometimes people come into our offices – maybe at the start of an investigation – for an initial free consultation. After discussing some aspects of their case, they believe that it would be more cost effective (e.g., cheaper) to “go it alone” and not hire a lawyer. The problem is that police and prosecutors are trained professionals. Even the smartest individual (defendant, suspect) has not had the legal training or experience required to defend themselves in a criminal matter. Often these matters can be handled more inexpensively at the beginning of the matter. At a certain point, however, a person who has not hired a lawyer will be doing more harm – much more harm – to their case and their potential for a successful outcome. I’m going to jail. There is no hope. If you have never been in trouble with the law before – except for speeding tickets, etc. – and you are accused of a non-violent felony or misdemeanor, then the chances of going to jail or prison are very small. North Carolina has a structured sentencing system that calculates someone’s sentencing range by: The person’s prior criminal history, and The class of the crime. In certain cases, especially in cases where only a small amount of money has been alleged to have been stolen or where the person has been accused of felony possession (but not sale) of drugs, the person might be eligible for a diversion program. A diversion program is a program where the person completes community service (and possible drug treatment) over the course of the year, and earns a dismissal of the charges. There’s a Magic Key that will Solve My Case Many clients, having watched a lot of television or movies about the law, come to our offices with the impression that there is a magic key that will suddenly make the whole criminal charge go away. In fact, there is very rarely a magic key. Movies about crimes have magic keys, because that makes the plot exciting. But in the real world, a criminal case – and a criminal defense – involves a lot of hard work, and a lot of time, and is almost never resolved in a dramatic fashion. My friend got X result, I should also get that same result. But sometimes folks come into my office expecting the same or similar results to friends or family members. Every case is different. You should hire a smart, aggressive Raleigh criminal lawyer to help defend you in your matter.
Prosecutors spend a whole lot of time trying to convince the jury that the character and profile of the defendant fits the psychological personality traits of a criminal. And yet, in reality we could probably smear anyone’s good name by picking and choosing which characteristics we chose to highlight. Take the time tested psychological aspect of “anti-social” behavior for instance?
Today, you could call anyone that would prefer to play video games, use social media, or post on their blog instead of going outside to play Frisbee with the neighbor kids; Anti-Social. And really when it comes to teenagers these days, well, that’s just about everyone. The small minority of other kids would be studying their butts off due to their parents making it so; for instance in the case of an Asian Family, which are generally very into educational aspects of their kids. Does this appearance of anti-social behavior make anyone a bad person; obviously not.
Just because someone has antisocial behavior now and again does not mean that they are criminal, and yet, this psychological profile is used by all the prosecutors to put people in jail or prison for crimes. In a way what we are doing is we are telling everybody that they must be social at all times otherwise they will be feared by society, they will stand out, and they might be tried for a crime they did not commit.
Many people have antisocial behavior from time to time. Sometimes people just like to get out, and be alone. There is actually nothing wrong with that and it is quite healthy behavior. Please consider all this, it is something that criminal lawyers, and criminal psychologists often overlook.
A criminal defense attorney blog is a great source of information for the layman. There is much about the legal world that is alien to the majority of the populace. Often, this can lead to an improper handling of defense cases in court.
No one wants to get arrested. Cultural and spiritual values brand those accused of committing criminal offenses as dangerous social deviants. Associations with such people are discouraged and even condemned. For fear of social incrimination, if not for inborn humanity, most rational beings would not even think of breaking the law.
But then there are those who are not even aware that they are breaking the law. Teenagers vandalizing a public school wall usually have no idea they are actually committing a federal offense, for example. A criminal defense attorney blog can enlighten everyone on the essential facts that people need to know about the constitution and their individual rights. It may also serve as a resource for informative news concerning the legal field.
If the criminal attorney who authors the blog provides insightful content, it is safe to say that he and his law firm can be depended on for legal assistance should the time arise. No one wants to get arrested, but it is good to have some insurance as protection from unfortunate circumstances. A reader who follows a defense law blog and actively engages with it is most likely to turn to the author for help should he find himself having a run in with the law.
I was at my neighbor’s house when him and his wife were waiting for their daughter to get home from school. She was running late, and they could not reach her on her cell phone. They did not text in case she was driving. She did not come home that day. It would be three months before she came back home. She was injured in a car accident on the way home. She was hit by an intoxicated driver. They did not think she was going to make it. They had to call a Sacramento car accident attorney to help get compensation to care for their daughter.
The mom had to quit her job to provide care for their daughter at home. Continue reading →
Sociology by Auguste Comte term derived from the Greek (Latin). Sociology derived from the word Socius which means friend or neighbor and logos meaning story. So according to the sociological sense of the word meaning a story about a friend or friends (community).
As a science, sociology is a social science that is composed of the results of scientific thinking critically and can be controlled by others. Here are some definitions of sociology.
a. Roucek and Warren Sociology is the study of human relationships in groups.
b. Pitirim A. Sorokin, sociology is the study of:
– The relationship and mutual influence between the various kinds of social phenomena (eg symptoms of economic, religious symptoms, symptoms of family and moral symptoms).
– The relationship and mutual influence between social phenomena with nonsocial symptoms (symptoms geographic, biological).
c. William F. Ogburn and F. Mayer Nimkoff Sociology is the scientific study of the social interaction and the results, the social organization.
d. J. A. A. Von Dorn and C. J. Lammers Sociology is the science of structures and processes that are stable society.
e. Max Weber’s Sociology is the science that seeks to understand the social tindakantindakan.
f. Selo Soemardjan and Soelaeman Soemardi sociology Sociology is the study of social structure and social processes including social change.
g. Hassan Shadily Sociology is the study of living together in society, investigating ties between people who control life by trying to understand the nature and purpose of living together, living together, and how the formation changes, living trusts, trust, and confidence.
h. Paul B. Horton Sociology is the science that focuses on the study of group life and group life products.
i. Soerjono Soekanto Sociology is a science that focuses on the social aspects of a general nature and trying to get the general patterns of community life.
From some of the descriptions above, the experts concluded that sociology is a science that studies the relationship system in the community, and trying to find common notions, rational empirical, is general and can be controlled critically by others who want to know.
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SCIENCE AND TECHNOLOGY: THEIR RELATIONSHIP WITH LAW
The intellectual thinking of man, since time immemorial, has resulted in the development of science and technology. The principles of science and technology have developed in response to differing objects of interest. Science and technology have had a great impact on the way we live. Law has tried to regulate the use and abuse of science and the extent of its application. The major question however is whether we are well equipped with the laws to regulate the use of such technologies.
The subject Law, Science and Technology is of great relevance today when Courts have become ”activists” and there has been a tremendous advance in science and technology. The need for sharpening the evidentiary techniques employed in Courts with the help of science and technology cannot be denied. At the same time, one has to be conscious of the limitations. The limitations of both science and the law and the need for both to join hands to strengthen the court-systems by legally admissible scientific evidence must be considered.
MEANING AND DEFINITIONS
The word “Science” comes from the Latin word scientia, meaning “knowledge” or “knowing”. According to Webster’s New Collegiate Dictionary, the definition of science is “knowledge attained through study or practice,” or “knowledge covering general truths of the operation of general laws, esp. as obtained and tested through scientific method [and] concerned with the physical world.”
In other words, science refers to a system of acquiring knowledge. This system uses observation and experimentation to describe and explain natural phenomena. The term science also refers to the organized body of knowledge that people have gained using that system. Less formally, the word science often describes any systematic field of study or the knowledge gained from it. Perhaps the most general description is that the purpose of science is to produce useful models of reality. Most scientific investigations use some form of the scientific method. Science as defined above is sometimes called pure science to differentiate it from applied science, which is the application of research to human needs. Fields of science are commonly classified along two major lines:
-Natural sciences, the study of the natural world, and
-Social sciences, the systematic study of human behavior and society.
The word “technology” comes from the Greek word technologia, which means the systematic treatment of an art, form or skill or a manner of accomplishing a task especially using technical processes, methods or knowledge. In other words, the term technology refers to the application of science, especially to commercial or industrial objects.
A rule of conduct established and enforced by the authority, legislation, or custom of a given community, State, or nation. In essence, law is the tangible and intangible context that links individuals to the community. In addition, it defines responsibilities of individuals to society as much as it defines and protects individual rights. In short, it is a pillar of good governance.
INTER-RELATIONSHIP OF SCIENCE AND LAW
Today”s high technology society forces the two professions (law and science) to interact in a wide array of cases. Legal disputes involving patents, product liability, environmental torts, regulatory proceedings and criminal cases are some fields of such interaction. Further, law and science encounter each other in the laboratory through a number of actions governing intellectual property, research misconduct, etc. The fact-finding agendas of the two disciplines have frequently begun to overlap, if not merge. Because there is a general lack of understanding of each culture, these interactions often lead to a cognitive friction that is both disturbing and costly to the society. Scientists are distrustful of the lawyers and legal proceedings and prefer not to venture into the courtroom. The scientific community that believes that its methods and procedures are above legal scrutiny and questioning often frustrates lawyers. Lawyers and scientists seldom speak the same language. Each should develop a better understanding of the principles and methods of the other”s profession. Bridging the gap between the two cultures is a challenge that this conference seeks to address.
Science and technology seek knowledge through an open-ended search for expanded understanding, whose truths are subject to revision. Law, too, conducts an open-ended search for expanded understanding; however, it demands definite findings of fact at given points in time. The meeting of these two disciplines in the courtroom magnifies the differences between the two cultures. Even the search of truth does not serve the same aims and may not be subject to the same constraints and requirements.
The Courts today deal with complex cases relating to highly sophisticated crimes where criminals take care to erase all evidence of their involvement. In such cases, modernized, scientific and highly sophisticated methods are required to trace the involvement of criminals. A report published in the New York Times (August 7, 2008) stated that with a new analytical technique, a fingerprint can reveal much more than the identity of a person. It can also identify what the person has been touching: drugs, explosives or poisons, for example. Such a laboratory technique can have a wider application in crime investigation. The chemical signature could also help crime investigators trace out one fingerprint out of the smudges of many overlapping prints if the person had been exposed to a specific chemical.
Then there are serious cases of medical negligence and related torts where rival parties seek to rely on expert evidence. Even in the field of environmental pollution involving toxic substances, there is serious difficulty in finding out the levels of danger, the extent of actual and latent damage to humans and environment, and there are uncertainties in accepting the technology installed by the polluter to conform to environmental standards. In some civil cases where handwriting, forgery, or paternity issues are involved there is extensive use of scientific techniques. The Courts are thus dependent and, in fact, compelled to analyse evidence of experts examined on each side. There is again the difficulty of evaluating the conflicting expert evidence adduced by the contesting parties in an adversarial judicial process. However, none can deny that expert witnesses retained by parties often are partisan. In such cases, the technique of “Hot Tubbing” must be embraced. The Australians discovered the technique of “Hot Tubbing” to improve expert evidence. In this procedure, also called concurrent evidence, parties still choose experts, but they testify together at trial-discussing the case, asking each other questions, responding to inquiries from the judge and the lawyers, finding common ground and sharpening the open issues. According to UCLA law professor Jennifer Mnookin, “‘Hot Tubbing is much more interesting than neutral experts.”
DEVELOPMENTS TILL DATE AND THE RECENT TREND
In this era of genomics, of crime prevention and of conviction the following questions need special attention:
Is the legal profession ready for this new information?
How would these techniques benefit the justice delivery system?
Is our society ready for the implications that genomics brings to every facet of our lives?
Is our society struggling with the ethical and social issues thrown up by the new biology such as human cloning, use of animals in biomedical research, etc.?
With the rapid progress in science, are laws in their present form really able to deliver justice efficiently or is some rethinking in the form of new laws or amendments to existing laws required?
Before any major changes can be effected, all stakeholders have to sit together and look for the answers to these unsolved problems. This contact which was missing in India became a reality when the first ever conference of this kind was held. This conference, who”s Chairman was the erstwhile President of India; Dr. A.P.J. Abdul Kalam formed the basis of the ”Hyderabad Declaration on Impact of New Biology on Justice Delivery System”. These deliberations of law were co-organised by the Centre for DNA Fingerprinting and Diagnostics (CDFD) and NALSAR University of law. The deliberations brought together the Judges of the Supreme Court and the High Courts, representatives from various Commissions like the Law Commission and the Human Rights Commission, Directors of the National Law Schools and other legal luminaries, lawyers, scientists, doctors, bio-industrialists, NGO”s, police investigators, journalists and a couple of participants from abroad. Inter alia the meeting emphasized the following:
To establish a Human Genetics Commission to provide technical and strategic advice about the current and emerging issues in Human Genetics, and a consultative mechanism for development oh National Genetics Policy and guidelines in that area;
To establish an Ethics Committee to assess ethical, legal and social issues raised by research on human genome and use of DNA databases;
To statutorily define status of human embryo so that research on embryonic cells is done under statutory control and regulations;
To devise a mechanism to establish links with the International Community of Dispute for resolution of new issues in new biology;
To suitably amend the Patents law to strike a fair balance between public and private interests in case of patents that assert property rights over genetic material.
IMPACT OF SCIENCE ON INVESTIGATION
Science is a compelling and commanding weapon in the armoury of administration of justice. Forensic Science is a science pertaining to law. In particular, it works as the branch, which is used mainly in criminal investigation and findings of which can lead to arrests and convictions. Undoubtedly, scientific investigations generate evidence in favour of the victims and against the accused. Forensic Science helps in providing the identity of the culprit or the accused who willingly or unwillingly, in most of the cases, leaves the mark of his crime, thereby making the job of the investigator much easier in proving the culpability with the aid of Forensic Science.
Forensic Science provides scientific study for investigation of crime. The growth, development and use of Forensic Science in detection of crime in developed countries are tremendous and increasing with new techniques. The area of Forensic Science in India has not been properly looked into, as it ought to have been and more so when the average acquittal rate is alarmingly high. Therefore, in our country, also, the necessity and importance of Forensic Science hardly needs any emphasis. The lack of understanding and appreciation of the importance of specialists in general, by non-specialists, in all fields, cannot be denied. The field of Forensic Science is no exception. Many a time, neither the judge, nor the lawyer nor even the police appreciate fully, the advances or the extensive, promising potentialities of the science and the fusion of new technologies, methodologies, modalities and research. Multitask and multi-professional nature of Forensic Science needs an inter-professional approach, which is, many a time, lacking. Therefore, sincere and serious efforts are required to be made to eliminate personal and professional bias of the involved personnel and professionals.
Forensic Science in criminal investigation and trial is principally concerned with materials and circuitously through materials, with men, places and time. It embraces all branches of science and applies them to the purposes of law. The scientific examination by Forensic Scientists adjoins a missing link or strengthens a weak chain of investigation.
Systematic uses of Forensic Science provide significant assistance in answering the following questions:
(i) How was the crime committed?
(ii) When was the crime committed?
(iii) Who committed the crime?
Law-enforcement agencies refer to Forensic Experts to help solve mysterious situations concerning human life and thereby, provide help and useful contribution to the criminal courts in the journey for search of truth in criminal trials. Forensic Science deals with various aspects, including routine post-mortem to sophisticated tracking piece like DNA analysis.
Unfortunately, techniques and methodology with necessary materials used extensively in Western countries has not successfully clicked in India because of a variety of reasons, the major one being the investment of huge finance. This science is also, at times, useful in finding out the truth in some of the civil cases.
The prosecution mainly calls Forensic Scientists as expert witnesses. The practice of the defense producing Forensic Scientists or the courts consulting on their own listed experts is not very much in vogue. In fact, there is an acute need to bridge the communication gap that presently exists between lawyers, judges and Forensic Scientists. An independent analysis and evaluation of the scientist”s data and any subsequent testimony that may follow again depends on the judges” familiarity and understanding of the principles of Forensic Science.
In Western countries DNA test and profile is widely employed. In a country like ours, the need of such a test and profile may, hardly, be emphasized. In many developed countries, DNA test, genetic testing techniques and “racmization” — testing based on systematic examination of teeth and bite-marks has proved to be very useful. “Racmization” technique is currently used in Japan and Germany. It has potential to replace the traditional method that took into account the eruption and/or fusion and falling sequence of teeth. A fusion of such knowledge of Forensic Science and newly developed techniques will, undoubtedly, not only provide proper perspective and dimensions, but will also lead to detection of crime, and be a great help in search of the truth. It will be useful in the prevention and control of crimes and will provide required assistance to the parties to civil disputes, as well.
IMPACT OF SCIENCE ON THE JUSTICE DELIVERY SYSTEM
Common view is that the Indian justice administration system is slow. However, the major question is, is it the primary problem with Indian justice delivery system? The key issue is, is it is delivering justice at all in majority of cases? If a machine is faulty and makes bad products, then if one speeds up the machine, it will deliver more of those bad products. Therefore, if we speed up a malfunctioning Justice Administration System, it will simply toss up more of injustice. Is that the goal of any justice delivery system?
In the words of Justice Shayamal Kumar Sen, “The investigation process needs to be hastened; otherwise the criminal justice system will suffer”.
Justice Sen urged that research and development should be initiated in a way that would ensure that crime at the grassroots level is detected immediately and an effective management system should be introduced.
According to M P Singh, vice-chancellor, West Bengal National University Of Juridical Science, new techniques should be introduced as it will help in crime detection and the infrastructure should be developed in a way that will not only give momentum to effective criminal delivery system but will also hasten the entire long drawn process of investigation.
IMPACT OF SCIENCE ON COURT AND COURT PROCESSES
Science is not new to the Indian courts. Towards the end of 1989, one low-end computer was installed in Supreme Court of India for caveat matching. Immediately thereafter, in 1990, Justice GC Bharuka, as a sitting Judge at the Patna High Court initiated the process of court computerization. On his transfer to Karnataka in 1994, he undertook to introduce ICT (Information and Communucation Tecnologies) in the entire judiciary of the state of Karnataka.
Presently all the courts upto the taluka level are computerized. All the judicial officers and court staff are trained. There is complete automation from filing of a case to grant of a certified copy. Digital production of under-trial prisoners by video-conferencing is made possible. Through website, causelists of the Supreme Court of India, High Courts, district courts and various Tribunals is made available online, a day before.
SCIENCE AND GREY AREAS OF LAWS
v SPACE LAWS
Simply put, Space law is a part of International jurisprudence related to outer space. It follows customary practice in defining outer space, the region 100 km beyond the earth”s surface.
With the advancement of science and technology, things that were once considered impossible are now increasingly becoming possible and even fashionable. No one, some six decades back would have thought of going to space, let alone marrying in space. Thanks to science, this has now become a reality. For $2.3 million, a person can cement bonds from 62 miles straight up. Japanese company First Advantage, along with former X-Prize contender Rocketplane Global, is teaming up to offer weddings in space.
According to a LiveScience article, Rocketplane Global “is developing the XP Spaceplane for private suborbital spaceflights. The four-seat spaceship is slated to be about the size of a fighter jet and designed to carry two jet engines and a rocket engine to reach space.”
Besides shelling out $2.3 million, a person has to undergo four day”s worth of training for the one-hour ceremony. Training includes safety procedures, weightless maneuvering, and to explain to one”s family why they were not invited.
Not only this, Sapporo Breweries, the Japanese beer maker established in 1876, is brewing beer from barley descended from seeds that spent five months on the International Space Station ( ISS).
According to a CNN article, “The project is part of biological studies of the adaptability of plants to environmental changes and the impact from stresses such as space travel.”
If successful, the study will bring the world one-step closer to growing crops in space. In addition, fortunately, right now, scientists cannot tell the difference between the ISS grains and homegrown barley.
However, in order for commercial space activities to grow, there must be an attractive legal environment. Unfortunately existing space law consists mostly of some inter-governmental treaties that are quite inappropriate for business.
Space is just another place where humans are going to live. In addition, because space is almost limitless humans are going to live there in vast numbers in the future. In other words, it will become a completely new habitat. Today most activities in space are government ones because getting to and from space is so expensive. Once travel from orbit is cheap enough, as on earth, individuals, private companies and organizations will carry on most activities in space. At that time space activities will involve almost every industry, be it catering and drinks, fashion and entertainment, or law.
An attractive legal environment is needed to enable operating companies to plan passenger services and place orders for the vehicles that they require, and for manufacturers to finalize vehicle design details and raise the investment that they need in order to put the vehicles into production.
Sovereignty over outer space is another debatable issue that needs to be resolved.
CYBER LAWS AND JURISDICTIONAL ISSUES
With the advent of internet, a whole new category of crime that includes fraud, theft of services and data, copyright infringement, destruction of data through computer sabotage (viruses) and acts causing inconvenience to agencies comprising sensitive, secret or confidential functions has come up. Chances of use of the web as a forum for publication of defamatory content has increased multifold and there is a need for a clear, coherent expression of the law in this area.
Hacking time theft (stealing someone else”s internet time) pornography, sending threatening e-mail, defamatory e-mail, hacking e-mail, e-mail bombs, etc. are the main areas of cyber crime.
The people who commit cyber crimes are mostly those who have white-collar jobs, unlike usual criminals. They can even be high school kids. The territory that a cyber crime can stretch across is immense. It can go over continents
The principles that govern the exercise of criminal jurisdiction are based on the assumption that “crime” is a territorial phenomenon. Cyber crime makes these principles problematic in varying ways and in varying degrees. Unlike real-world crime, it is not physically grounded; it increasingly tends not to occur in a single sovereign territory.
The perpetrator of a cyber crime may physically be in Country A, while his victim is in Country B, or his victims are in Countries B, C, and D and so on. The perpetrator may further complicate matters by routing his attack on the victim in Country B through computers in Countries F and G. The result of these and other cyber crime scenarios is that the cyber crime is not committed “in” the territory of a single sovereign state; instead, “pieces” of the cyber crime occur in territory claimed by several different sovereigns.
Cyber crime is a primary example of cross-border crime, and so, it raises the issue of jurisdiction. This is a tricky issue. Acts on the Internet that are legal in the state where they are initiated may be illegal in other states, even though the act is not particularly targeted at that state. Jurisdiction conflicts abound, both negative (no state claims jurisdiction) and positive (several states claim jurisdiction at the same time). Above all, it is unclear just what constitutes jurisdiction: is it the place of the act, the country of residence of the perpetrator, the location of the effect, or the nationality of the owner of the computer that is under attack? Or all of these at once? It turns out that countries think quite differently on this issue. The cyber crime statutes of numerous countries show varying and diverging jurisdiction clauses. Since internet allows transactions between persons of various jurisdictions, an international agreement (to be crystallized into a convention, later) is required for any regulation. However, in arriving at a uniform law, varying standards adopted by jurisdictions across the world and the point of balance adopted by them have to be kept in mind.
Jurisdiction is a highly debatable issue as to the maintainability of any suit that has been filed. Today with the growing arms of cyberspace the territorial boundaries seems to vanish thus the concept of territorial jurisdiction as envisaged under S.16 of C.P.C. and S.2.of the I.P.C. will have to give way to alternative method of dispute resolution.
In addressing the issues of what problems were posed by cyber-crime, Mr. Corell noted that the scope of international cooperation is limited by international agreements and by the national law of the State from which information has been requested. There are also differing priorities between developed and developing countries. These differences complicate international cooperation and expand the gap between the two groups.
There is no authoritative, comprehensive elaboration of the principle of universal jurisdiction concerning cyber-crime, he said. There are different views concerning the offences that constitute crimes under international law that are subject to universal jurisdiction. There are also different opinions with respect to the significance of the obligation to prosecute or extradite, as contained in various treaties, as evidence of universal jurisdiction. Whether States are not only permitted, but also required, to exercise jurisdiction with respect to crimes under international law, is also subject to different opinions.
The magnetism of science has always captivated members of the legal profession. People look up to science to rescue them from the experience of uncertainty and the discomfort of difficult legal decisions, and are constantly disappointed.
The notion of what constitutes science and what it would take to make law more scientific varies across time. What does not vary is our constant return to the well. We are constantly seduced into believing that some new science will provide an answer to laws dilemmas, and we are constantly disappointed.
In the words of Senior Advocate K.T.S. Tulsi — “There is no doubt that [science] is going to overtake the law enforcement agencies by storm. No one will be able to avoid it. It is like standing on the shore and asking the waves of the sea not to come. What is required is a proper debate about the real value of [science] and whether it fits into the overall picture and what use could be made of it by the investigators.”
The federal criminal code of the United States is quite extensive, covering almost any mandate. The central law undermines the act of the state and the states derive their laws from the rules directed by the federal government. Whenever the states get more specific, they have the risk of being overturned federally.
There are about 123 chapters related to the Codes of United States on crimes. They cover the rules of motor vehicles, arson, animals, assault, contracts, child support, mail fraud, homicide, espionage and citizenship.
Time when the Law Comes into Effect
The law is applicable whenever an offense is perpetrated against the federal government or else, if a crime takes place across the state lines or in several states for instance, when a serial killer kills in several states. Offenses against the government of the USA include counterfeiting of American currency. If you bombed a federal building, you could be tried federally. Anything happening on a military base is considered to be a centralized offense. An offense in Washington, D.C. is enclosed within the rules of the district, but this is a perpetual âEUR~gray areaâEUR(TM), in the law, since it is technically a federal land.
Laws stating Never Control
Many offenses covered in the US code are not the job of the state. Different types of foreign relations are handled by the central government in order that the states remain united. Navy and military offenses are considered to be federal crimes as they are under the direct jurisdiction of the government. An offense undertaken through the postal service of the United States can be prosecuted federally since it involves a federal agency like stealing monies or soliciting information. The offenses that are committed in the National Parks are federal offenses and they can be prosecuted.
Ground of Law
Almost any rule falls under the purview of centralized criminal code. Assault, drug possession, civil rights and chemical weapons âEUR” all give the judicial system a base for prosecuting offenses. The federal regulations are sanctioned for protecting the rights of all citizens. They are not attempted for limiting the civil liberties, but are undertaken for restricting them in such a way so that your individual rights donâEUR(TM)t interfere with the liberties of another citizen. Murder is a burning instance. You wonâEUR(TM)t be able to express your will at the cost of the life of another person as it interferes on the civil liberties. Similarly, you are not allowed to steal from others as it interferes with the right to property.
Try to abide by the criminal rules of the United States. However, if you commit a crime unintentionally, you may consult with an expert Miami criminal lawyer for solving your case.
Dealing with the criminals may make you mean but at the same time it turns you a better judge of human character and mind frame. A criminal lawyer does not only protect an individual but a company also. Common people have some wrong ideas about criminal activities but apart from those there are more for which one can be prosecuted.
As crimes have different faces, the attorneys related to criminal laws take care of those in different ways. The system which is applicable for an individual would certainly not work if it is a matter of a company. Crime is something that changes in perspectives. Common people believe that a criminal lawyer tries to protect the criminals but it is just the opposite. A criminal lawyer is the one who tries to figure out whether the perspectives match to call the convicted as guilty.
LetâEUR(TM)s take the matter of Federal Defense in the context of this matter. It is charged only when a common person or a company reportedly violates the law and order of the Federal State. An indictment is needed in this regard and it can only be presented by the government to the grand jury. It is such a matter that the defendant would never know regarding this until he is arrested.
Now, there are several accounts on which a person or a company can be prosecuted. Let us find out the level of the crimes for which one can be taken into the custody or can be summoned by the court. The crimes can be stated as
White collar crimes, where one or a company is involved in fraud, embezzlement or insider trading. This is considered to be a victimless crime by many. Yet, it is not so.
Trading with the enemy countries with whom the United States government is not in a very good condition;
Drug trafficking, counterfeiting, conspiracy and more other issues related to smuggling;
Immigration offenses; in fact, it is such an offense that may make trouble for the lawyers also.
Murder or other heinous act
There are more other reasons for what someone or a group can be detained. If you are charged with any of the above mentioned offenses, you should seek consultation from a criminal lawyer. As lawyers they can show reasons like the loopholes in the law or the insanity of the detained one or the reasons of necessity or more. But the truth is that, if the condition is in favor, the lawyers can do their best until any circumstance turns the dice.