Uncategorized

Jared Lee Loughner Sentenced for Tucson Shooting

Jared Lee Loughner Sentenced for Tucson Shooting


On November 8, 2012, the US Attorney’s Office for the District of Arizona announced that Jared Lee Loughner was sentenced to life in prison without the chance of parole for killing six people and wounding 13 others—including Congresswoman Gabrielle D Giffords—on January 8, 2011.  


During his plea hearing, Loughner admitted traveling to the Safeway grocery store in Tucson with a semi-automatic pistol and 93 rounds of ammunition with the plan to kill Giffords and her supporters.  He was able to fire 33 rounds before he was subdued.  


He pleaded to a total of 19 charges in the superseding indictment on March 3, 2011.  The charges are listed below:


•    attempted assassination of Gabrielle D. Giffords
•    murders of federal employees John M. Roll and Gabriel M. Zimmerman
•    attempted murder of federal employees Ronald S. Barber and Pamela K. Simon
•    the murders of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard
•    seriously wounding Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A.     Hileman, George S.     Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr.
•    gravely endangering multiple other federal aides and public supporters


Loughner is serving a total of seven life sentences and a 140 sentence.  


Attorney General Eric Holder stated, “Today’s sentence—life in prison without the possibility of release—means Jared Loughner will never again be free to hurt or menace the American public.  For the victims, their families, and the larger community impacted by this tragic event in our nation’s history, it is my sincere hope that this conclusion will help in their journey toward physical and emotional recovery.”


Giffords was shot point-blank in the back of the head and miraculously survived.  She has since participated in interviews but has retired from public service.  


Source: Federal Bureau of Investigation

Detroit Edison

Detroit Edison

 


What is Detroit Edison?

 

Detroit Edison generates, transmits, and distributes up to 11,084 megawatts of electricity to about 2.1 million customers throughout southeastern Michigan.  The company uses coal, nuclear fuel, natural gas, and hydroelectric pumps to generate electricity.  The company also uses renewable energy sources to generate electricity.  The Fermi 2 nuclear power plant generates about 1.1 million kilowatts of electricity. 

 

The electric company is a subsidiary of DTE Energy.  The biggest subsidiaries under DTE Energy are Detroit Edison and Michigan Consolidated Gas Co (MichCon).  DTE Energy has the following subsidiaries: 

 

·         DTE Biomass Energy

·         DTE Coal Services

·         DTE Energy Services

·         DTE Energy Supply

·         DTE Energy Trading

·         DTE Energy Ventures

·         DTE Gas Resources

·         DTE Gas Storage

·         DTE PetCoke

·         DTE Pipeline Co.

·         MichCon Laboratory Services

·         MichCon Pipeline

·         MichCon Storage & Transportation

·         Midwest Energy Resources Co.

 

EPA Lawsuit against Detroit Edison

 

The EPA filed a lawsuit against the electric company in 2011 over violations of the Clean Air Act (CAA).  The EPA filed the lawsuit because the electric company was performing work on the Monroe Power Plant and the CAA prohibits construction of new facilities that have large amounts of emissions. 

Amendments were made in 1977 to the CAA that allowed outdated facilities to continue operating until they underwent major modifications.  The EPA could then order the plant to add features to meet federal regulations. 

 

In 2002, the EPA modified its New Source Review and required grandfathered facilities to submit a pre-construction notice to the EPA and undergo post-project monitoring for emissions after the construction was completed.  If the emissions increased, the EPA could impose a fine of $37,500 per day.  

 

The EPA fined Detroit Edison for an emissions increase, but the company argued against the allegations.  On August 23, 2011, Judge Bernard Friedman of the U.S. District Court for the Eastern District of Michigan dismissed the lawsuit because the EPA used data the day after the construction was completed.  The emissions increased after the major modification, but they did not monitor the data for a whole year as required by law. 

 

Discrimination Cases against Detroit Edison

 

The company has faced a large amount of lawsuits over the years for discrimination.  Some of the cases are described below:

In 1971, a class action was brought against the company for race discrimination.  There were over 12,000 workers for the company at the time, and only 400 were African American.  Most had lower paying jobs, and the company settled in 1975 for $5 million.  The company started to hire more African Americans and women after the settlement. 

 

In 1993, a class action was filed by minorities, women, and older workers who were demoted or fired.  Three more class actions occurred in 1997 for race, national origin, and age and sex discrimination.  Three of the lawsuits are settled in 1998 for $17 million.  The company was fined by the Equal Employment Opportunity Commission (EEOC) for $500,000 in 1998 for sex discrimination as well.

Sharia Law

Sharia Law and Rules: Understanding the Basic Tenets and Principles

Sharia Law is an Islamic legal system that derives its principles and regulations from the Quran and Hadith, which are the holy books of the Muslim religion. It is the comprehensive framework on which Islamic society is based, covering all aspects of life from relationship to commerce, from worship to governance. In the Western world, Sharia Law is often under a lot of scrutiny and viewed with suspicion, partly because of its association with extremism and terrorism. However, it is important to understand the basic tenets and principles of Sharia Law and Rules in order to appreciate its contribution to society, and to dispel any misconceptions surrounding its practice.

The Meaning of Sharia Law

Sharia Law is derived from the Arabic word Shariah, which means “path” or “way to water.” It refers to the pathway that leads to the pure and clean water of life. For Muslims, Sharia Law is a divine code of conduct that outlines the obligations and responsibilities that Allah (God) expects of them. It is not a man-made set of rules and regulations; it is a guide to salvation that governs the behavior of Muslims worldwide.

Sharia Law is not a static code of conduct; it is dynamic and adaptive, responding to the changing needs of society while remaining within the boundaries set by the Quran and Hadith. Its basic principles and regulations have remained the same, but the interpretation of these principles has varied according to the changing social, political, and economic circumstances of Islamic communities worldwide.

The Sources of Sharia Law

Sharia Law has its roots in the holy book of Islam, the Quran. It contains the revelations of Allah to the Prophet Muhammad, which were recorded in the Arabic language. The Quran is divided into 114 chapters, each containing verses that provide guidance on a wide range of topics, including worship, morality, social conduct, and governance.

The Hadith is an equally important source of Sharia Law. It refers to the sayings and actions of the Prophet Muhammad, recorded by his companions and later scholars. The Hadith provides insight into Islamic traditions, the Prophet’s practices and behaviors, and the ethical standards of early Islamic society. It is considered part of the Sunnah, or the recorded teachings of the Prophet Muhammad.

In addition to the Quran and Hadith, Sharia Law also takes into account the interpretations and opinions of Islamic scholars and jurists, as well as consensus (ijma) and analogy (qiyas). The consensus refers to the agreement of Islamic scholars on a specific issue or matter. Analogy refers to the application of Islamic principles to new situations or circumstances.

The Basic Principles of Sharia Law and Rules

Sharia Law and Rules cover all aspects of life, including moral and ethical behavior, family and social relationships, economic and financial transactions, and political and legal governance. The following are the basic principles of Sharia Law:

1. Tawhid – Monotheism: Tawhid is the belief in the oneness of Allah and the importance of worshipping Him alone. It is the foundation of all Islamic beliefs and practices.

2. Shirk – Idolatry: Shirk refers to the practice of worshipping idols or other objects besides Allah. It is considered a grave sin in Islam.

3. Salah – Prayer: Salah is the compulsory prayer that Muslims perform five times a day. It is a means of seeking Allah’s guidance and seeking forgiveness for one’s sins.

4. Zakat – Almsgiving: Muslims are required to give a portion of their wealth to the poor and needy. It is one of the five pillars of Islam.

5. Sawm – Fasting: Muslims are required to fast during the month of Ramadan, abstaining from food and drink from dawn until sunset. It is a means of gaining self-discipline and spiritual purification.

6. Hajj – Pilgrimage: Muslims who are physically and financially capable of doing so are required to perform the Hajj, or pilgrimage to Mecca, at least once in their lifetime.

7. Jihad – Struggle: Jihad refers to the struggle or effort made in the path of Allah, which could be through good deeds, charitable works, or defensive warfare.

8. Akhlaq – Morality: Muslims are required to conduct themselves with honesty, integrity, kindness, and compassion. It is considered a duty to one’s fellow Muslims and to society at large.

The Role of Sharia Law and Rules in Islamic Governance

Sharia Law and Rules provide the legal framework for Islamic governance, which is based on the principles of justice, equality, and accountability. Sharia Law emphasizes the importance of good governance, transparency, and accountability, and encourages active participation by citizens in the governance process.

Islamic governance is based on the principles of consultation (shura), consensus, and accountability. It is the duty of Islamic leaders to ensure that the laws and regulations are in line with Islamic principles and that they are consistently applied to all citizens regardless of their social status, ethnicity, or gender.

Sharia Law and Rules also provide guidance on matters such as the distribution of wealth, social welfare, and the protection of human rights. It emphasizes the importance of social justice, and calls for the establishment of fair and equitable societies where everyone has access to basic necessities such as food, shelter, and healthcare.

The Misconceptions Surrounding Sharia Law and Rules

In recent times, Sharia Law has been associated with extremism, terrorism, and human rights abuses. However, these perceptions are largely based on a misunderstanding of its principles and a misrepresentation of its practice.

One of the most common misconceptions about Sharia Law is that it is harsh and inhumane, and advocates for punishments such as stoning, beheading, and amputations. While some Islamic countries do practice these punishments, they are based on a strict interpretation of Islamic law and are not endorsed by all Islamic scholars. The majority of Muslim-majority countries have moved away from these forms of punishment and have adopted more modern and humane legal systems.

Another misconception is that Sharia Law is anti-democratic and anti-women. While it is true that Sharia Law takes a conservative view of gender roles, it does not advocate for the oppression of women. In fact, Sharia Law provides protections for women’s rights, including the right to education, employment, and property ownership. Islamic societies that practice Sharia Law have seen significant progress in women’s rights and have made significant contributions to the advancement of women’s rights in the Muslim world.

Conclusion

In conclusion, Sharia Law and Rules are an integral part of Islamic society, providing a comprehensive framework for personal and societal conduct. It is based on the principles of justice, equality, and accountability, and emphasizes the importance of good governance, social justice, and human rights. It is important to understand the basic principles and regulations of Sharia Law and Rules in order to appreciate its contribution to society, and to avoid misconceptions and prejudices that may hinder its practice and development.

What is Sharia Law?

Definition

Sharia law, translated into “the path”, is the code of conduct for religious law in Islam.  It is composed of the teachings of the Qur’an, the Muslim holy book, and the teaching of the prophet Muhammad, in the Sunnah.  Secondary sources of Sharia law include the teachings of Muslim scholars.

Composition

Sharia law encompasses all aspects of society including crime, politics, economics, sexuality, family law, diet, hygiene and fasting.  Traditionally in Muslim countries Sharia law was considered the law of the land.  Some common attributes of Sharia law include:

• The masking of women when in public

• Adoption is prohibited

• Prohibition against intermarriage between Muslims and non-Muslims

• Homosexuality is strictly forbidden; a 4 time offender gets the death penalty

• Men can be the only witnesses to crimes

• It is a crime to abandon the Islamic faith

• The display of an image of the prophet Muhammad carries the death penalty

One of the hallmarks of Sharia law is the inferiority to which it classifies women.  A common example is if a woman is raped and becomes pregnant she is sentenced to death by stoning strictly for becoming pregnant out of wedlock.  The man who raped her, however, is usually free of any wrongdoing.

Sunni & Shi’a

There are two main sects of Islam, the Sunni and the Shi’a.  The Sunni believe that not only the Qur’an and Sunnah should be used in the practice of Sharia law, but also some of Muhammad’s other works such as the sahaba and the ulema.  The Sunni also employ analogies to the Qur’an and the Sunnah when deciding issues.  The Shi’a, in the alternative mostly frown upon the use of analogies and pride themselves on the use of logic.  Where the Sunni use Muhammad’s secondary books to “fill in the gaps” of Sharia law the Shi’a use the teachings of the 12 imam, disciples of Muhammad that spread his original message.

Sharia Law Countries

Currently there are a number legal systems in the Middle East and Asia that deal with Sharia law.  Some nations such as Mali, Kazakhstan and Turkey have a strictly secular government where Sharia law is only limited to personal and family matters.  Others like Pakistan, Indonesia, Afghanistan, Sudan and Morocco follow a more integrated approach.  In their law the secular government, although influenced by Sharia law, is the ultimate law and the constitution of the nations are upheld over conflicts with Sharia law.  Then there are the fundamentalist Islamic nations such as Saudi Arabia, Iran and the Persian Gulf nations where Sharia law is the same as secular law.

Tenants of Sharia law

Sharia law is divided into 11 main tenants:

1. Purification

2. Prayer

3. The Funeral Prayer

4. Taxes

5. Fasting

6. The Pilgrimage

7. Trade

8. Inheritance

9. Marriage

10. Divorce

11. Justice

Purification

This tenant of Sharia law prescribes how an individual is supposed to maintain purity and spiritual dimension.  It entails the use of water, soil, or other “cleaners” for cleansing purposes.  It imposes rules about contact with “impure” animals and delegates cleaning rituals to be done before and after prayer as well as the proper way to clean dishes, clothing and homes.

Prayer

Sharia law details every aspect of daily prayer.  One of the tenants most well known rituals is praying towards Mecca 5 times a day.  Sharia law also delegates who can pray and where to pray.

Funeral prayer

Sharia law also has a detailed way of dealing with the ill and the burial of the deceased.  There is a specific way that the dead are to be buried.  This includes certain cleaning and dressing rituals as well as the burial itself, where the deceased is put in a grave perpendicular to Mecca and the body is placed sideways, facing Mecca.

Taxes

The Qur’an details how the wealthy should treat the poor.  In Sharia law it is required that those individuals who are deemed wealthy pay a tax, known as a zakat, in order to help the poor.  The percentage is not prescribed by the Qur’an and it may be adjusted as needed.

Fasting

Sharia law designates the month of Ramadan to be a month of fasting where individuals may not partake in food, drink, or sexual activity during daylight hours.  Islamic law specifically prescribes the methods of fasting as well as the times, who must fast and any exceptions.

Pilgrimage

Specifically prescribed in the Qur’an, at least once in the life of a Muslim an individual must travel to Mecca to perform a ritual ceremony.  This ceremony is performed two months after Ramadan and is very strict on the practices that must be performed

Trade

Sharia law specifically prohibits certain business actions including the charging of interest or insurance.  For these, and many other reasons, the majority of businesses in the Islamic world are partnerships, instead of corporations.

Inheritance

Inheritance rights in Sharia law tend to favor men.  Typically a woman will receive one half the amount of inheritance her male counterpart would have received.  The property distribution allowed by Shariah law prescribes that 1/3 of the property may go to bequests and the rest, after debts, is distributed to family members under the intestacy rules of Sharia law.

Marriage

There are two forms of marriage under Sharia law, the nikah and the nikah mut’ah.  Essentially the nikah is an “official” marriage where there is a dowry given to the bride and a contract of marriage signed.  A nikah marriage entitles the couple to inheritance rights.  Under Sharia law a man is permitted to have up to 4 nikah wives.

The second common type of marriage is the nikah mut’ah.  This second type of marriage is often known as a “Haram.” It is a marriage that lasts for a specific period of time and at the end of a prescribed period the marriage is dissolved.  Women in nikah mut’ah marriages do not get inheritance rights and the husband is not responsible for the wife’s economic well-being.  A nikah mut’ah marriage does not count towards the 4 wives allowed by Sharia law.

Divorce

Under Shi’a divorce law, a man may divorce upon telling her of his intentions.  Under Sunni law it must be witnessed by 4 individuals.  All aspects are controlled by Sharia law, including child support.

Sharia legal system

The procedural and substantive aspects of Sharia law are different in many respects from those known to people in this country.  First and foremost, there are no juries or attorneys.  The trial consists of strictly the judge, plaintiff and defendant.  There is no discovery, no cross-examination of witnesses, no stare decisis (the following of case precedents) and no codified statutes.

There are 3 categories of cases, Qisas, hududd and tazir.  The Qisas is the equivalent of a personal injury action.  It encompasses all cases from murder to battery.  In these cases, upon conviction, the defendant or his family are the ones who decide upon the sentence, which can range from death or dismemberment to compensation.

The hududd is the second kind of case.  These are cases that are brought before the court based solely on violations of the Qur’an.  They include: adultery, blasphemy, defamation, sodomy, theft, intoxication, and armed violence.  There is no circumstantial evidence allowed and there must be 2 to 4 witnesses, who are male, to corroborate.  This is one reason why women who have been raped or abused are often treated as the criminals in Sharia society.

The third type of case is the tazir.  This encompasses all other crimes.

Sharia law and the United States legal system

Cases

Sharia law has become an increasing concern in the United States.  Many European countries have adopted a policy of allowing Sharia law in some contexts.  The English government has made it possible so that a number of Sharia courts of law exist where Muslims may settle actions involving divorce, contracts, and estates in the Muslim way.

Sharia law has not taken that course in this country and many legal cases have weighed heavily on the institution of Sharia law in the American legal system.  In one case a wife wished to get a restraining order against her husband for because he would forcibly rape and abuse his wife.  The man contended that Sharia law allowed him to do this and he should the restraining order should not be granted.  The trial court granted the husbands motion but on appeal the appellate court ruled that Sharia law should not excuse him from the state’s criminal code.

In all the courts in this country are open to interpreting Sharia law in situations involving divorce, family, and estates but every jurisdiction is different and the case law is not one sided in the least.  Last year Oklahoma passed a voter referendum known as the “save our state amendment.” The referendum made it law to prohibit judges in Oklahoma courts to consider Sharia, as well as international law when deciding cases.  There are many arguments for its unconstitutionality, namely that it violates the separation of powers in that the legislature cannot interfere with the workings of the judicial system.  Immediately after the passage of the bill a Muslim American named Awad filed suit to have the bill repealed based on the establishment clause of the U.S. Constitution.  The case has just gone to the 10th Circuit Court of Appeals and the results of the oral argument have not yet been determined.

Hammurabi Code

Hammurabi’s Code: Ancient Justice and Civilization

Introduction

The Hammurabi Code, one of the earliest known legal systems in human history, provides invaluable insights into the development of society and governance in ancient Mesopotamia. This remarkable legal code, dating back to around 1754 BCE, was established by King Hammurabi of Babylon, a prominent figure in the history of the ancient Near East. The Hammurabi Code is not only a legal document but also a window into the culture, values, and social structure of ancient Babylon. This article delves deep into the history, content, significance, and lasting impact of Hammurabi’s Code.

  1. Historical Context

To understand the significance of Hammurabi’s Code, it’s essential to place it within its historical context. Mesopotamia, often referred to as the “cradle of civilization,” was a fertile region located between the Tigris and Euphrates rivers in what is now modern-day Iraq. It was home to some of the earliest urban centers, such as Ur, Uruk, and Babylon. Babylon, in particular, became a prominent city-state under the rule of Hammurabi.

Hammurabi ascended to the throne of Babylon around 1792 BCE and ruled for nearly four decades. During his reign, he embarked on a series of military campaigns to expand his empire, eventually uniting several city-states under Babylonian rule. This consolidation of power marked a crucial phase in Mesopotamian history, as it laid the foundation for more centralized governance and administrative systems.

  1. The Code of Hammurabi

The Hammurabi Code, also known as the Code of Hammurabi or Hammurabi’s Codex, is a collection of laws and edicts carved onto a stele, a large stone pillar, which was erected in the city of Babylon. The stele stands over seven feet tall and consists of a black diorite stone slab with inscriptions in Akkadian cuneiform script. These inscriptions are divided into columns, and the entire code comprises 282 laws, making it one of the most comprehensive legal codes of the ancient world.

  1. Structure and Content

The Code of Hammurabi is organized into several sections. It begins with an elaborate prologue that dedicates the code to the Babylonian god Marduk and highlights Hammurabi’s role as a just and wise ruler chosen by the gods. The prologue sets the tone for the rest of the code by emphasizing the king’s commitment to establishing justice in his empire.

The main body of the code consists of the 282 individual laws, addressing a wide range of issues and situations that were relevant to the society of the time. These laws cover various aspects of life, including family, property, trade, labor, and crime. While the code may appear harsh by contemporary standards, it provides valuable insights into the social norms and values of Babylonian society.

Some notable provisions within Hammurabi’s Code include regulations related to marriage, inheritance, property rights, and contracts. For example, it outlines the consequences for adultery, theft, and false accusations. The code also addresses issues like the rights and responsibilities of property owners, tenants, and merchants.

  1. Legal Principles and Punishments

Hammurabi’s Code is often described as an eye-for-an-eye legal system, reflecting the principle of lex talionis, which means “the law of retaliation.” Under this principle, the punishment for a crime was typically equal to the harm inflicted. While the code contains provisions for physical punishments, such as amputations and floggings, it also allows for fines and compensation to be paid as penalties.

One of the key features of the code is its emphasis on the concept of justice. Hammurabi sought to ensure that the punishment meted out was proportionate to the offense committed, thereby promoting a sense of fairness and equity. This focus on justice and proportionality set a precedent for future legal systems and influenced the development of jurisprudence in the ancient world.

III. Significance of Hammurabi’s Code

  1. Legal Precedent

Hammurabi’s Code holds a significant place in the history of law and jurisprudence. It represents one of the earliest attempts to codify laws and establish a systematic legal framework. The code’s comprehensive coverage of various aspects of life and its detailed provisions laid the groundwork for more sophisticated legal systems in the future.

The concept of written laws and legal codes was revolutionary in ancient times. Before Hammurabi’s Code, legal decisions were often arbitrary and based on oral traditions. The code introduced a degree of legal predictability and consistency, as it provided a clear set of rules that applied to all members of Babylonian society.

  1. Social Insights

Beyond its legal significance, Hammurabi’s Code offers valuable insights into the social structure and values of ancient Babylon. The code reflects the hierarchical nature of Babylonian society, where different classes of individuals were subject to different laws and punishments. It also sheds light on the roles of men and women in society, as well as the importance of family and property.

The code’s provisions related to marriage, divorce, and inheritance reveal the patriarchal nature of Babylonian society. While women had certain rights and protections under the code, they were generally subordinate to men in matters of family and property. The code also recognizes the importance of contracts and agreements in commercial transactions, reflecting the growing significance of trade and commerce in ancient Mesopotamia.

  1. Religious and Moral Significance

The prologue of Hammurabi’s Code emphasizes the divine origins of the laws and the king’s role as a representative of the gods on Earth. This religious dimension highlights the close connection between law, morality, and religion in ancient Babylon. The code served not only as a legal framework but also as a moral code that guided the behavior of individuals in society.

The concept of justice, as embodied in the code, was closely tied to moral values and divine justice. Hammurabi’s Code set a moral standard for the Babylonian people, emphasizing the importance of fairness, honesty, and integrity in their actions. This moral dimension contributed to the code’s enduring impact on Babylonian society.

  1. Legacy and Influence

Hammurabi’s Code had a profound and lasting influence on the development of legal systems and governance in the ancient world and beyond. Its legacy can be seen in several key areas:

  1. Legal Systems

The code’s emphasis on written laws and legal codification served as a model for subsequent legal systems in the ancient Near East. It influenced the legal traditions of neighboring cultures, including the Hittites and Assyrians. The idea of a comprehensive legal code with detailed provisions became a hallmark of advanced civilizations in the region.

  1. Ethical and Moral Foundations

Hammurabi’s Code helped establish a moral and ethical foundation for society by linking justice and morality. This connection between law, morality, and religion continued to shape the legal and ethical thinking of later civilizations, including the Judeo-Christian tradition, where similar principles can be found in the Old Testament.

  1. Social Hierarchies

The code’s recognition of social hierarchies and the differential application of laws to different classes of individuals also left a lasting impact on legal and social structures. This hierarchical approach to law and justice can be observed in subsequent legal systems, where different penalties are often applied to different social classes.

  1. Legal Precedent

The concept of legal precedent, whereby earlier decisions and rulings serve as a basis for future judgments, can be traced back to

 the codification of laws in Hammurabi’s time. This principle of legal continuity and consistency became a fundamental aspect of jurisprudence in later civilizations.

Conclusion

Hammurabi’s Code, dating back over four millennia, remains a testament to the ingenuity and sophistication of ancient Mesopotamian civilization. As one of the earliest known legal codes, it not only provided a foundation for future legal systems but also offered profound insights into the societal norms and values of its time. The code’s enduring legacy can be seen in the principles of justice, morality, and legal codification that continue to shape modern legal systems and ethical frameworks. While Hammurabi’s Code may appear harsh and primitive by contemporary standards, it represents a crucial milestone in the evolution of human civilization and the quest for justice and fairness in society.



What was Hammurabi’s Code?

Hammurabi’s Code is known as the oldest collection of codified law ever to exist.  The Code, which was written down sometime around 1780 B.C. was created by Hammurabi, the sixth King of Babylon.  Hammurabi’s Code extends to all aspects of law and includes areas concerning wages; criminal law; and the rights of citizens, even slaves and women.

The laws set out the first real code for civilized society.  The laws helped to maintain order, create consistency in handing down punishments and, for the first time, allowed citizens to be aware of what actions were permissible in society.

Hammurabi’s Code was discovered in 1901 A.D. by French archaeologists working in Persia.  The object takes the form of a basalt pillar, known as a stele, about 6 feet high.  On the top of the stele is an engraving of Hammurabi receiving the laws from the Babylonian Sun-God Shamash.  Below the engraving are 42 columns describing 282 “laws” that the citizens of Babylon were required to follow, as well as guidelines for trade and penalties for violating the laws.

The Laws

There is no organized method to the laws laid down in Hammurabi’s Code.  They seem to be strewn about in no particular order.  Hammurabi’s Code is where the term “eye for an eye” comes from.  Involving criminal matters the laws were very strict and the penalties severe.  In the area of trade, there were set guidelines involving how trade should occur and the appropriate prices that could be charged for certain goods and services.  The code can be broken up into 5 types of codes including: Legal Procedure, Household, Slavery, Miscellaneous and Trade.

LEGAL PROCEDURE

From the text of Hammurabi’s Code it can be noted that there was a rigid form of adjudication involved in legal proceedings.  The code often mentions witnesses, judges and evidence.  It is definitely the first true form of legal procedure to present itself.  Some examples to show the extent of legal procedure in Hammurabi’s code include:  the putting to death of a false accuser; the idea that an individual must prove that a crime has been committed against him; the ability of a judge to enforce money judgments; penalties for certain crimes; time limits for producing evidence and witnesses; and probably the most progressive, the imposition of fines and the removal from office of judges who neglect their duties.

HOUSEHOLD

The laws numbered 128 – 149 deal solely with the issue of husband and wife.  Unlike legal doctrines that have come about long after Hammurabi’s Code, these laws show a surprising amount of effort towards women’s equality.  For example, law 130 states “If a man violate the wife of another man who has never known a man and still lives in her father’s house and sleep with her and be surprised, this man shall be put to death, but the wife blameless.” The law essentially means that if the wife of a man is raped then the offender shall be put to death but the wife shall not be held responsible.  This goes to show that Babylonian civilization treated women more as citizens than even present day Islamic countries.  Under Sharia law, which is practiced as the secular law of a number of Islamic countries, a woman who is raped is considered to be the criminal and put to death.

SLAVERY

There are 10 laws in Hammurabi’s Code that deal exclusively with slavery.  They can be considered to be a stricter form of the Fugitive Slave laws that were enacted in the United States at various points before the Civil War.  The majority of the laws involving slavery in Hammurabi’s Code deal strictly with the return and harboring of escaped slaves.  The punishment for most crimes involving the harboring of slaves is death and there are designated rewards for the return of escaped slaves.  3 of the laws involving slavery also involve the non-payment of debts.  Law 117 strictly permits an individual who is owed a debt to take the debtors wife and/or children as slaves, as payment of the debt, for a period of 3 years at which time the debt will be forgiven.

TRADE

The section on trade is the most extensive of all the laws in Hammurabi’s Code.  The laws go on to explain the conduct of all professions including builders, shipbuilders, physicians and barbers.  This section also helps to give insight into the value that the society gave to different classes of people.  Laws 221 – 223 explain this perfectly.  Those three laws outline the fees to be paid to a physician for the repair of broken bones of “diseased soft part” man.  If it is a citizen the fee is 5 shekels; a freeman, 3 shekels; and if it is a slave the fee is 2 shekels.  The trade portion of Hammurabi’s Code also gives weight to the “eye for an eye” mentality that the Code is so famously known for.  Law 229 states that “if a builder build a house for someone, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.” Coinciding with that is law 230 which states “if it kill the son of the owner the son of that builder shall be put to death.”  One more aspect of the trade laws in Hammurabi’s Code is that the idea of restitution is prevalent.  When a professional who is being paid for his services acts negligently and damages property then the laws note that that professional is responsible for reimbursement of the others loss.

MISCELLANEOUS

The extent of the other laws deal primarily with the “eye for an eye” mentality of dealing with punishment.  There are also a few laws that deal with negligence in maintaining water rights.  These include the negligent operation of one’s dam that results in the flooding of a neighbor’s property.  In these situations the accused is forced to pay for the repairs and the losses to the other individual’s property.

Field of Penology

Field of Penology

Penology

Penology is a field of criminology. One of the primary concerns of penology is prison reform. Prison reform addresses many concerns, such as the proper practice of re-socialization, reducing recidivism, protecting prisoners’ rights, how to balance deterrence, retribution, and rehabilitation, and helping felons find jobs after their release.
Resocialization

Re-socialization refers to the process by which individuals are helped to adapt to life in a new environment. Re-socialization for to jail involves teaching individuals how to abide by the rules of the jail.

Jobs for convicted felons

Finding jobs for convicted felons is a challenge. Some jobs for felons cannot be held due to a previous arrest. Jobs for ex-offenders may be permitted if the individual is cleared by a licensing board to hold a job the convicted felon would otherwise be unable to hold.
Recidivism

Recidivism is the chance of a repeat offender committing another offense. Recidivism typically refers to when a repeat offender commits an offense that is similar to the act they were previously convicted of, although recidivism may also occur if a shoplifter commits murder.

Prisoners rights
Prisoners’ rights refers to the rights that are retained by prisoners even after they have been convicted of a crime. Much of the prisoners’ rights movement is concerned with helping prisoners make sure that their rights are not violated.

Deterrence
Deterrence is the aspect of penology that aims to prevent an individual from deciding to pursue a course of action that will result in them becoming a felon in the first place. Deterrence can be specific or general.
Retribution

Retribution is the attempt to make sure that a convict receives a punishment that is appropriate to the crime the convict has committed. Modern practices of retribution means ensures that a convict will not receive a punishment that is identical to their crime, but is simply proportionate.

Rehabilitation

Rehabilitation of felons is the goal of much of the American penal system. Rehabilitation of felons has become the guiding principle in penology over the last century.

Dupage County Jail

Dupage County Jail

The Dupage county jail in Wheaton, Illinois is considered to be one of the best jail/correctional facilities throughout the United States. It has received high ratings from the Illinois Department of Corrections, along with praise from the American Correctional Association. 
The Dupage county jail is used as a detainment center for individuals who are awaiting their trial time, for those who have been sentenced to less than a year of imprisonment, individuals who are serving a periodic imprisonment.
Various types of programs are provided by the Dupage county jail, in order to provide detainees with the option for the betterment of their life. Programs, like G.E.D courses can be found in the Dupage county jail. 
During the year, there are anywhere between 30 and 50 individuals who graduate from a G.E.D program in this jail. These programs help the individual develop marketable skills, to help them acquire jobs and to give them a basis for furthering education. There are also spiritual groups which mean throughout the week; these groups are open to all individuals and are a way for the detainees to reconnect with themselves and their beliefs.
For individuals who have suffered from substance abuse, the Dupage county jail has a number of substance abuse courses and groups that can help the inmates vent their issues with substance abuse, and give them the proper tools to straighten out their addictions. The Dupage county jail boasts a great facility with impeccable programs for helping their detainees to a better life once they are out of the jail. 

Hopkins County Jail

Hopkins County Jail

The Hopkins county jail of Kentucky is a facility that is dedicated to enriching the lives of the inmates and giving the opportunities to restart their lives, and to create a better path for them and their families. 
The Hopkins county jail is a facility that has all the same goals of other jails; it is a facility for detaining inmates who have been given a sentence shorter than a year, for those awaiting their trials, and transfers who are only there until they can be sent to a detention center. It is a facility to house those who are being tried or have been convicted of criminal acts.
Many of programs offered in the Hopkins county jail are focused around the needs of the individuals. These courses help the inmate to critically think about the choices that they have made, and the consequences of their actions. Thus, giving them indications as to when their thoughts and behaviors are becoming inappropriate and helping them to intervene before they can act on these thoughts/emotions.
Courses like: Criminal Thinking Errors and Rational Behavior Training are programs that were created to help these inmates walk through the actions or emotions that landed them in jail, to think about them, and to find alternate methods of dealing with them, instead of committing criminal acts. 
Another program that is also used on an emotional and critical level is an anger management course; this is yet another program based on the individual and the emotional triggers that caused a serious reaction. This helps provide new methods for channeling anger into a more productive and expressive medium.
Other courses that are used are WorkKeys which is a critical assessment of the inmates’ skills and abilities. This is an assessment tool that is used for job placements and future endeavors. By identifying what an individual is strong in, the Hopkins county jail can help to redirect the individual into an area of work that they will find fulfilling, and hopefully keep them on the non-criminal path. 

Anoka County Jail

Anoka County Jail

County jails are an important resource when it comes to county and state safety issues; the purpose of a county jail is to hold the criminals after they have been apprehended for numerous crimes. 
Because county jails tend to be on the smaller side, these are facilities often used for the holding of individuals until a hearing or as inmates of the facility serving a year or less duration of a sentence. These facilities, like the Anoka county jail, are facilities ran by a smaller group of correctional officers and can be both minimum and maximum security facilities
The Anoka county jail of Minnesota is an example of the average type of county jail facility. It is a place of detainment for criminals who are serving a shorter duration of time. In instances where and individual is sentenced to several years in prison, they might be held at the Anoka county jail until the ability to transfer to another facility comes along.
A county jail like the Anoka county jail has to be run under the strict adherence to the guidelines set forth by the American Correctional Association. These guidelines were set forth to provide and maintain a standard of rights and regulations that have to be looked after. 
Within these guidelines, the Anoka county jail must provide certain amenities for the inmates. This includes 3 meals a day, showering facilities, laundry service, and the ability to contact family while in the jail.
There are certain restrictions on the items that can be given to an inmate in the Anoka county jail. These restrictions can be limitations on the type of photographs; inmates are allowed to have photographs, as long as they do not display gang affiliation or nudity. 
If a family member wants to give the individual a book or other publication to read, it has to be purchased through a distributor and mailed directly to the jail; this is to ensure that no weapons, drugs, or various other contraband were slipped in. Overall, the Anoka county jail is the average, accommodating, law enforcement facility. 

Nobles County Jail

Nobles County Jail

Nobles county jail in Nobles County, Minnesota is an efficient and organized jailing system provide for the safety of the citizen of Minnesota. This facility is used for holding individuals until they are processed; it is a facility for individuals who have been sentenced to imprisonment for less than a year. 
The Nobles county jail allows for basic conveniences for those who are detained within their walls. This means that individuals are allowed to have items like photos and various other comforts, as long as they are provided for and adhere to the guidelines set for.
For example, individuals who are the Nobles county jail are allowed to have photographs as long as they are not Polaroid pictures, do not have nudity, and there are no signs of gang affiliation. 
Individuals who are detained in the Nobles county jail are also set up with an account, in which loved ones are allowed to deposit money through online deposits, or during visitation hours. The mediums used for money deposit are cash, money orders, and cashier’s checks. This money can be used by the individual for various purposes.
When it comes to being able to call home; individuals are given the option of having their family set up a collect call account, which then can be used to make calls back home. Or the individual can purchase calling cards and call the family using the specific calling cards offered by the Nobles county jail. 
Though an individual can be in jail for a couple of months or the entirety of the year, they are not deprived of amenities that they would have at home. Furthermore, the inmates of Nobles county jail are also provided with leisure time, various program options, and are supplied with 3 meals a day. 

What Mediation Services Exist?

What Mediation Services Exist?

What kind of mediation services exist?
Mediation services include a plethora of options.  Mediation is a private industry and as such there are numerous options that exist.  Mediators specialize in all backgrounds of business and law.  Through a simple search one can find mediators to help with a contract dispute, divorce, eldercare, discrimination, estate planning, landlord tenant disputes, workplace mediation and numerous others.
When searching for a mediator it is essential, not only to find a mediator that is neutral, but one who also has expertise in the specific area at issue.  States do not require certification to be a mediator but, like any other profession, the industry polices itself.  Those who do not have the education or training appropriate for mediation will soon find themselves out of work. 
Although certification is not required to be a mediator, courts will usually have a list, available at request; of approved mediators the court finds to be beneficial.  In order to be on this list the courts often demand some kind of training and/or education in mediation, arbitration, or other form of alternate dispute resolution.
What are the types of mediation services?
The 3 major types of mediation services are evaluative mediation, facilitative mediation and transformative mediation.
Evaluative mediation involves the legal rights of the parties.  The role of the mediator is to listen to the arguments on both sides and attempt to predict what a judge and jury will decide if the matter goes to trial.  Even though mediation does away with the rules of evidence and civil procedure a mediator in this situation will evaluate the facts and evidence as would a court of law to help come to a compromise.
Facilitative mediation is quite different.  In this situation the mediator is basically an interested bystander and only comes in to flush out issues.  The purpose of facilitative mediation is to have the parties reach an amicable agreement on their own. 
Transformative mediation in a way is self descriptive.  The point of transformative mediation is to have the parties’ see the others points of view, interests, and values.  In a way, the mediator acts as a marriage counselor.  His/her goal is to help the parties come to a solution and repair broken relationships.  Transformative mediation is often found in interpersonal disputes such as divorce matters and issues dealing with estates.

Attorneys, Get Listed

X