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Western european integration
The term European Integration denotes the process of legal, military, economic, social, and political integration of European states either completely or partially. The Western European Integration is the process of integrating the western states of Europe in order to work as one group. The aspect of Western European integration is rooted during the end of the World War 11 where the continental political structure and climate favored Western Europe's unity among countries. This process was viewed by many people as a form of escape from the tremendous forms of patriotism that had overwhelmed the whole continent. The importance of Western European Integrations is realized in terms of military, political, social and economic dimensions. It is of importance to note that, this union comprises of Western countries Europe like; Sweden, United Kingdom, Switzerland, Germany, and France among others. This study will describe concept of Western European Integration in three dimensions.Military dimension
The Western European Integration works in harmony with the European Union. In this case, since this is not a country on its own, it does not have its own military forces but there are various multinational military and peacekeeping forces that are eventually commanded by the European Union. On this basis, this military force is usually viewed as the main future Western European Integration army. The function of this military army is to maintain security and peace in the countries involved. The military integration indicates that in case one of the member countries is invaded this army may be used in fighting the enemy. The corps in this army includes forces from twenty five Western European nations in exception of Denmark which does not take part in the common defense policy. Importantly, the functions of these military forces have been integrated in the development of Common Foreign and Security Policy (CFSP) as well as European Security and Defense Policy (ESDP). The main question in military dimension is avoidance of wars or conflicts among the nation states.
Economic Dimension
The Western European Integration under European Union functions as a single financial market across the region of the member states. In order to thrive economically, the Eurozone members have come up with a single currency that is used in purchasing and selling of goods and services. Importantly, the aspects of tariffs are usually eliminated when member countries are trading in order to benefit both nations. There is a free trade are which is defined by the elimination of quotas, preferences and tariffs on traded goods. On the other hand, there are custom unions which define areas where no customs should be levied on traded goods that are travelling within this territory. The concept of single market was mainly intended to guarantee the four basic freedoms which are all related in ensuring that there is free and fair movement of goods, services, people as well as capital. These movements are allowed around the European Union's internal markets. It should be noted that, there are countries which have not joined the European Union but participate in the single market as they have signed the European Economic Area agreement.
Social and political dimension
There are social movements in the Western European nations that encourage and support free academic community. In this case, education is fully supported by this union. There is an organization that aims at integrating and promoting education systems in the whole of Western Europe. Socially, people are allowed to move across this region without any barriers. This has increased opportunities of social integration and peace among the member states through interaction and socialization. There is the promotion of free movement of patients among the member countries under the Smart Open Services. This helps in offering medical and health services to patients from all member countries. On this basis, doctors can have an access of patients' data even from other countries electronically and propose medications. On the other hand, socialization and integration of communities have minimized chances of invasion or any other form of conflict between territories or communities. Additionally, the social integration ensures that there is promotion of fundamental rights of all citizens of the member countries. These rights include the right to vote which is extended to foreigners. The visa policy allows the member countries to have right to acquire visa and travel to any country without restrictions.
Major motivating factors for integration
The European integration has been motivated by the elimination of tariffs, quotas and preferences on goods and services sold to member countries. Additionally, the concept of fundamental rights that are accepted by each and every member has been a factor that promotes this integration. Additionally, since this integration promotes peace and unity in the whole of Europe, the presence of effective military forces have acted as a motivation to the process of peace promotion. Further, the aspect of single market where a common currency is used has promoted trade and businesses and since almost all member countries are stable economically, this trade is highly motivated. Additionally, there has been stability in terms of social and political perspectives and hence peace is thwarted in the whole region.
Legal Issue Analysis
Harassment may occur in different forms including sexual, workplace bullying, and debt collection harassment among others. This study outlines an analysis of the legal aspects involved in debt collection harassment. According to Kevin, J. (2010), debt collection harassment can be of many forms as determined by ‘The Fair Debt Collection Practices Act (FDCPA). As defined by this act, debt collection harassment can be verbal or written. It is common that most people do not know their rights and hence they are threatened and harassed by those people they owe. According to the law as indicated by the FDCPA, a debt collector should not call repeatedly, threaten to use violence or use abusive languages when asking for his/her debt (Kevin, 2010).According to Kevin, J. (2010) the writer of the article on debt collection harassment in the Ezine magazine, there are issues that are considered violations of the Act of the debt collector. As he describes, the debt collector should not call at work places, call after been requested not to, call without identifying him/herself, send notices resembling court notices, publish a list of customers owing him/her, falsifying that he/she is an attorney, and trying to extract payment over the phone. It is lawful for the debt collector to call in the case there is a genuine debt to repay but should not call repeatedly or use tough language (Kevin, 2010).
As revealed in this magazine, debt collector harassment will be avoided when the consumer stay calm whenever he/she is called, refuse to argue over the debt, avoid using foul language, request for debt validation, send a cease and desist letter, and dispute the debt. A person can sue the debt collector under the FDCP Act in case he/she is harassed (Kevin, 2010).
The federal law through FDCPA protects victims of debt collector harassment who have faced the unfair, unlawful and abusive actions of debit collectors. It is good for people to be conversant with the law and especially issues concerning their rights in order to avoid harassments (Hobbs, 1988). The legal analysis of debt collector harassment indicates that, the debtor should be given adequate time to clear the debts without being harassed. According to Hobbs, R. (1988), creditors should not force their debtors to pay them by the use of violence and abusive or threatening words. On the other hand, creditors have the right to be paid but through a legal procedure or an agreement. If a debtor has refused to pay his/her debts as agreed, the creditor may use the law in order to get his/her payments made (Hobbs, 1988).
From an example given by Crowley, C. (1997), creditor's ignorance of the law should not be used as an excuse for the wrong done. According to her, a creditor is prohibited by the law under the FDCP Act to add any extra amount of money to the debtor as a form of interest without an agreement. On the other hand, it is argued that debtors should not use the law to delay payments or refuse to pay their debts (Crowley, 1997).
Ignorance of the law is the main challenge that faces the legal issues concerning the debt collection harassment. According to Hobbs, R. (1988), section 130 (c) of the ‘Truth in Lending Act' (TILA) offer defense for creditors in the case that the infringement of the law was not deliberate but was a result of genuine error. Lack of knowledge of individuals' rights has made so many people get harassed by debt collectors (Hobbs, 1988).
According to Kevin, J. (2010), the ‘Fair Debt Collection Process Act' (FDCPA) protects debtors from harassments of creditors by allowing debtors to sue their harassing creditors. FDCP Act has sets rules and regulations in order to determine what should be termed as harassment. This act allows the creditor to call the debtor to recover a debt but in a respectful and systematic way without using harsh and abusive languages. This Act through legal procedures punishes the creditors who harass their debtors. As indicated by Kevin, J. (2010), the FDCPA define debt collector harassment as repeatedly calling the debtor, threatening to use force, using abusive languages, giving false identity, extracting payments over the phone, and calling at places of work among others. According to this act, the debtor should stay calm during the call, be respectful when talking, request for debt validation, and send a cease and desist letter among others (Kevin, 2010).
Recommendations
The debtor and creditor should come up with a plan on how the debt would be paid where the debtor promises what he/she would get at a certain period of time. The debtor should write to the debt collector on what time he/she should be called. Debtors should make sure that they pay their debts on time to avoid being disturbed by the debt collectors. In case of harassments, the debtor is can sue the debt collector through the appropriate legal procedures.
Conclusion
Despite the fact that debtors owe their creditors, they have their rights and hence they should not be harassed in any way. On the other hand, the debtor should make sure that he/she has paid the debts according to the agreements made. There are laws and regulations which protect the debtors from harassments of debt collectors
Should I Leave Someone in Jail?
One common threat that most children receive when they are younger is "If you end up in jail, you had better get comfortable because you will be spending the night there." This threat is generally given by a concerned parent who does not want his or her child to break the law. Most of the time, they don't actually believe the child will do something bad enough that it warrants an arrest, but they give the warning nonetheless, in order to scare their child into acting sensibly and making smart decisions. But, what if your child actually did get arrested? Is it important to maintain the validity of the threat and leave the individual in jail for the night?Leaving Someone in Jail
If you ever have to make the decision about whether or not to leave someone in jail, the answer is simple: bail them out. Jails are horrible places, even for a single night. It might not be as terrible as the prisons in popular entertainment like Oz or The Shawshank Redemption, but they are still miserable. It is one thing to threaten to leave a child in jail; it is another entirely to follow through on the warning.
Ask Your Bail Bondsman
If you are still not convinced that a little tough love is not best for your child, ask a bail bondsman for his opinion on the matter. They will very quickly, and very forcibly, convince you to bail the child out immediately. Sure, they want your business, but they also spend a fair amount of time around county jails and deal with the legal system almost every day, so they know how brutal it can be.
Teaching Your Child a Lesson
After all this precaution, you still may feel the need to teach your son or daughter a lesson. Obviously, if you are in the position to make that decision, they have done something really bad that has angered you. Coupled with the stress of receiving a phone call asking for a bail bond, it is no wonder you are upset enough to consider this option. But take some time to breath and calm down before making a hasty decision.
All of the additional punishments that accompany an arrest should be harsh enough to ensure that your child does not repeat his or her mistake. Among these punishments are: the processing, where the arrestee is fingerprinted and entered into the national database, the pricey bail bonds cost, the trial- which is also very expensive, and the possibility of further time behind bars if convicted. Plus, you can supply further penalty in far less brutal ways, like grounding the kid or community service. And all of this comes with the shame of explaining to friends and family what happened.
Conclusion: Empty Threat
Although it works as an excellent deterrent to keep your child on the straight and narrow, it is not worth following through on this threat, especially if it is a first offense. Instead, find a bail bondsman who can work fast and meet you at the jail as soon as possible to begin the bailing process. You will not regret making the decision to be a little less stringent on this occasion
Juvenile boot camps
Increase juvenile delinquency and engagement in crime has been an issue of concern to many parents and the authority in general. Although juvenile crimes have been there even in the past, they have been increasing at an alarming rate and the intensity of crimes committed has also increased. However the criminal justice system has set up different correction facilities for the juveniles from those used by other convicts. One of such alternative correction for the juveniles is Boot camps. Juvenile Boot camps have been developed along the model of adult Boot camps but they have some special outlook into the needs of juveniles. It is for their effectiveness in correction of juvenile behaviors that boots camps have become increasingly useful in our correction system. This paper will explore juvenile boot camps. It will look into the operations of boot camps and evaluate their rate of success. However, let us first look into the historical development of boot camps.Juvenile boot camps
The first boot camps were set up in the United States in 1980s as a part of the correction and the penal system. They are either owned by the government or by the private sector. In 1995, the US federal government operated more than 50 Boot camps. Since then there have been increase in boot camps with the entry of the private sector. (Jones, 1994) Currently it is estimated that there are about 50 to 100 boot camps in the United States. Boot camps are the most preferred choice for juveniles who are first time offenders instead of being placed in prisons or on probation. However in some states, juveniles are usually sentenced to participate in boots camps in order to correct their behavior instead of sentencing for a jail term. For example in some cases individuals are sentenced to a term of participation in boot camps for about 90 to 180 days which can substitute a jail term of about 10 years. However the equation of boot camp term and the jail term substituted usually varies with the boot camp facility and the state. In case juvenile offenders are not wiling to serve in boot camps, then they are compelled to serve their jail term. Therefore participation in boot camps is not compulsory and individuals can prefer to serve their original jail term instead. (Cowles, 2005)
The first boot camp was opened in the United States in Georgia and Oklahoma around 1983. The initial set of the boot camps was to maximize the rate of deterrence, reduce the crowding in juvenile prison, to decrease the cost of penal and the correction system, and in order to reduce the rate of recidivism. Boot camps were however supposed to find a middle ground between restrictive prison system and the less strict probation. Boot camps are therefore less restrictive than the system in prisons and harsher than the system in probation.
In the recent past, there had been some disquiet from some parents and juveniles about their life in juvenile camps. It is argued that some boots camps have been exposing juvenile to harsh military training exposing them to various dangers which they may not be prepared for. For example in 2006, boot camps were banned in Florida following the death of Lee Anderson who was fourteen old. It was reveled that the boy was killed by a drill instructor although the mystery behind his death remains a subject of speculation. The fact that Lee Anderson was forced to continue with the physical exercise long after he had collapsed showed that there were some serious safety issues regarding the activities going on in boots camps. Boot camps remain a choice not only for the government but also for many parents to correct the behavior of juveniles.
Life in boot camps
The boot camps have been modeled along the model of the military camps and they offer correction programs with shock incarceration based on military training techniques. They are therefore aimed at instilling strict discipline like in military.
The initial state of juvenile boot camps was to provide and institution where juvenile would achieve behavior modification and at the same time continue to pursue their drams like education and growth. Therefore they were meant for the troubled juveniles in term of their behavior and those who had committed crimes. These are the two groups of juvenile who are targeted by the boot camps.
This means the boots camps are likely to expose juveniles to military exercise which include physical training which focus on the reality, respect and taking up of responsibility. (Boot camps, 2008) Research has proved the many our teens usually lack these important qualities which they require in order to make a successful transition from their childhood to adulthood.
Changing the Law
The issue of separation of power in the United States has been debated for a long time especially when it comes to the issue of making internal and foreign policies. The initial drafting of the United States constitution provided for separation of power between the legislative (congress), executive (presidency), and the judicial (courts). However throughout the history of the United States, there are many incidences where one branch of government has worked to override the other. The initial draft was supposed to ensure that governance of the country was a shared responsibility between the three arms. The attitude and conduct of President George Bush during his time in office can be used as a good example to illustrate the imbalance of exercise of power among the three arms. In order to understand how George Bush has overridden the power vested in Congress and the court, we are going to review the article "Bush challenges hundreds of law" which was published in the Boston Globe no April 30th 2006 by Charlie Savage.Bush Challenges hundreds of laws
There is no presidential term in the history of the United States that has experienced so much conflict in exercise of power between the three arms of government like George Bush two presidential terms. As has been described by a number of political observers, president Bush and his term in white house have been trying their best to concentrate the presidential authority in their office ignoring the concept of sharing of administrative powers between the three arms of government.
In deed, this assertion has been strengthened by President Bush claim that by virtue of holding an executive office and being the commander in chief of the armed forces, he has authority to override some of the laws which he claims to be unconstitutional. But since when did the executive determine whether a law is constitution or unconstitutional? This is the function of interpreters of the laws and the judicial system would be best suited to play that role.
During his term in office, President Bush has exerted his claimed authority and disobeyed more than 750 laws arguing that his office has the power to bypass any statute that has been passed by the congress if it is seen to conflict his own interpretation of the constitution. According to Savage (2006) means that president Bush is assuming the supremacy of the executive over the congress and the judicial system. In designation of the constitution power of every branch, the congress is supposed to be the ultimate law making body in the land and the executive led by the president is supposed to ensure that there is execution of laws that have been passed by the congress. On the other hand, the judiciary is supposed to interpret the laws according to the constitution.
To highlight but just a few, President Bush has decided to ignore various laws including military rules and regulations, provisions for affirmative actions, the need to inform the congress about immigration problem, protection of whistle blowers, and many others. As a commander in chief of the armed force, President Bush has asserted that he can bypass some laws including the torture ban, Columbia restriction, and others which involve the military. Although the president is the commander in chief of the armed forced, the congress reserves the privilege to create armies, to declare war, make rules regarding the prisoners of war, and many others. (Sheffield, 2007) However President Bush has decided to ignore the powers of the congress over the army. Like we said earlier, President Bush has been trying to concentrate power in the executive at the expense of the congress.
President Bush does not only overstep his mandate in the executive but he has been contravening some of constitution amendments enacted centuries ago. For example under the Fourth amendment, US citizens are protected against arbitrary searches and arrest. In 2004, the congress had passes intelligence bill that required regular information on how the FBI is used security wiretaps in the United States. However after signing the bill, the president commented that he could hold any of the information that was required to be passed on to the congress citing it unconstitutional. However in many instance Bush has contended to fire employees who pass secret information on the government wrongdoing which amounts to intimidation of whistle blowers.
Savage (2006) asserts that in number of occasions, President Bush has failed to adhere to the judicial interpretation of the constitution. President Bush has failed to abide with interoperation calling for equal representation of minority citing them unconstitutional. For example when policy of admission to university was enacted in 2004, President Bush declared that it should be taken unconstitutional. The judicial system has been left with little power in reviewing of President Bush assertion especially when it comes to security matters. (CBS News, 2006).
Procedure Used In Civil and Common Law
Search and seizure is a procedure that is used in civil and common law in legal systems practiced in many countries in the world. The police or any other authority which suspects that a person has committed a crime are warranted to search in person's property and confiscate anything that could be relevant to the committed crime. However search and seizers are protected in the constitution of many countries and therefore they are supposed to be conducted in view of individual right to privacy. Therefore in most cases, the law enforcement agency is required to obtain a search warrant for they can engage in search and seizure.In our case study, it may be difficult for you to understand why the police have stopped your and why they have to search the care. However according to the Fourth Amendment on search and seizures, the police have all the right to search the care and seize anything they want since there is a probable cause which leads them to believe that this will uncover a criminal activity or is contraband. This law also provides the police with probability of stop and frisk authority or limited warranted search in view of probable cause. (NOLO, 2008)
When the police stop the car, they must however explain the reason why they have stopped the car and the reasons why they want to search the car. According to the law, the police are supposed to search and seizure with the consent to the suspects. However the exception on motor vehicles allows the police to search the vehicle with or without consent. According to the police ethics the search is not supposed to be commenced without the seeking the consent of the suspects. However there is a high probability that in this case the passenger may decline a search since he knows he is carrying drugs. Therefore the law justifies the police to carry a search without individual consent. The police are also allowed to use minimum force in such case in order of have individuals comply with the search requirements.
In respect to the seizures, the police have the right to seize items in plain view. This means that they could seize all luggages in plain view including the passenger's luggage since they have a probable cause for the search with or t without the consent of the passengers. Although the extent of search is limited by the exemption, in this case the police can search in all areas of the car since they have a probable cause. The law therefore allows them to search in all areas they probable think would harbor possible evidence for the crime. The police can seize all the property in the vehicle since it can be used as evidence for probable cause of crime. (NOLO, 2008)
After the police find the drugs, they have a probable cause that will lead to arrest. The arrest is likely to be made to the two people in the car since the police are not likely to differentiate who is a criminal between the two putting into consideration that they are not the owners of the car. According to law on search and seizure, the police have the power to arrest once they have evidence that can sustain a trial for a crime. The r presence of drug paraphernalia on the dash leads a probable cause for an arrest. The police will make a case of the use the use of the vehicle for transportation of drugs and therefore there is a justified arrest.
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