Legal Issues

1. Assume the identity of a female character and describe what Judge Dee does and how you feel about him.
From a perspective of a female character, I think that I will not approve of what Judge Dee does. His quest for truth is commendable however, his means of extracting the truth is illegal thereby making his conduct unworthy of a Judges position. During the first parts of the story, his knowledge and dedication in the pursuit of justice is admirable but as the story goes on, it is not difficult to see that he is not as honorable as he thinks he is. In Chapter twenty seven of the book, Judge Dee tortured both a man and a woman in order to confess their adulterous relationship and connivance to murder the husband of the woman in order for them to be free for marriage. In his presence, the man and the women were successively made to lie down on their backs and to have their arms and legs be placed on screws. Every time they refuse to confess, Judge Dee would have the screws tightened up thereby crushing their bones and making them scream in agony (Hans Van Gulik).

However, some women might find him appealing because as harsh as he is, he can also be sensitive sympathizing and it is these characters that enable him to gain the trust of many people, more particularly those who are attractive and young women who find themselves in trouble. Torturing a person to extract a confession is illegal and as a judge, he must be aware that this process is not acceptable in the court of law. His focus in capturing a criminal made him blind to the principles that he must adhere to. Being a judge is not an excuse to commit a criminal act.

2. You are a Censor sent to check on Judge Dee. Make your report.
Censor is defined as one who supervises the conduct and morality of others ( Censor ). If I were a censor during the time of Judge Dee, I would give him a positive report  but if this were today, I would have to make a note of my objections against some of his practices.

The Celebrated Cases of Judge Dee showed the background of the Tang Dynasty. The series of crimes that were solved by him allows the readers to follow the history of China. History shows that during the Tang Dynasty, the authoritative views of the Chinese were very strict. The authorities have a tight grip in their communities  who knew the consequences of causing a crime. Judge Dee, together with his associates, begins to solve one crime after another using clever observations, underground sources, forensics and interrogation (Hans Van Gulik). Through Judge Dees behavior, the Asian influence can be aptly observed as he takes into consideration his religion, dreams and even ghosts in solving crimes. For the Chinese, judges must act as a father and a mother to the people by helping the sick and cherishing those who are good and loyal. More important is the fact that a judge must not lose sight in heeding justice. It is undeniable that Judge Dee puts more weight in the spirit of justice rather than the letter of the law and he is more geared towards alleviating  the victims sufferings no matter what the cost.

I am of the firm view that one must be able to draw the line between what is acceptable in the eyes of the law and what is not. Justice is not only for the victims but also for the accused. Judge Dee, in solving his cases, went to great lengths in order to gather his evidence and I am indeed giving him a commendation about that. On the other hand, he often fail to take in to consideration the side of justice on the part of the accused.

In deciding what the censor must report one must consider the setting of the story.  This book was written decades before and as such, the justice system may have been different then as it was today. His unconventional methods may have worked before but if these were done today, he would be facing administrative charges. Justice is not served every time he puts matters into his own hands in torturing a person into confessing their guilt. In todays court of law, any confession made by force, intimidation and duress would not be acceptable in the court of law and therefore, everything that Judge Dee accomplished would all be for naught.

3.  If only Judge Dee were still alive and could deal with criminals today, we would all be much better off.  What do you think
I am inclined to agree with this statement. In the book entitled The Celebrated Cases of Judge Dee, the unquenchable thirst of Judge Dee in his quest to find the truth in solving all his cases. Furthermore, Judge Dee is no ordinary Judge because all of his decisions are founded based on the morals of the Confucians and the Taoists. For these people, finding the truth  is one of the most sacred duties that a Judge holds and there will befall a great dishonor upon any Judge who accidentally condemns a person who is not guilty. The book is also a great way to show the system of law enforcement being implemented by the Chinese people.

The sense of morality of the Chinese is deeply embedded in the book. They believe that a judge is a symbol of truth and justice. They are mandated by law to be loyal to the court and decide with all fairness and honesty  using only the weight of evidence presented upon them. It is an extremely rare gift and a heavy responsibility to have the life of a person in ones hands and as such, a judge must carefully take into  consideration all evidence submitted to him before making his verdict. As the saying goes, it is better to let go of a thousand guilty man than to convict an innocent one.

Judge Dee upheld equality when he said that in a tribunal, everybody is equal and there is no regard for any rank or position. This bold statement is rarely heard in todays society and it would make a big difference if only all of the judges would have the commitment and dedication of Judge Dee in making a fair and unbiased decision regardless of a persons social standing and influence. In the world today, power is everything. One may think that he can get away with doing what is legal because of some connections that has thereby creating inequality in the eyes of the law.

It is noteworthy to mention that the values that Judge Dee has was motivated by his belief in the values of Confucius. It was Confucius who taught the people the value of respect in order to maintain a peaceful society. There relationships are mainly dependent on superiority and inferiority. Those who are superior are not better than those whose positions are underneath them but in most cases, they are the ones who have more life experiences and responsibility. The followers of Confucianism believe that they each have a responsibility towards one another. It was Confucius who said that those who are superior are required to show mercy, goodness and wisdom while those who are inferior are bound to show obedience and respect. Due to the reciprocity of their responsibilities toward each other, the lower member is not obliged to do something bad even if it was their superior who instructed them to do such things. One of the golden teachings of Confucius is that the highest duty that a person has to himself and to the society is to do what they know is right.

One thing that particularly captured my attention is the fact that Judge Dee often exposes the offenders in public for the entire community to be reminded of the price that a criminal must pay. Through this, I cannot help but create a comparison of the Chinese and the American ethics. In China, they humiliate those who offended the crime while in America, every individual is considered innocent as proven guilty and they have the right to appeal. Torturing a guilty person is an effective way to elicit confession but torturing the innocent to force them to admit a crime that they did not commit is an entirely different thing. There is a great chance that these individuals would admit guilt because they could not bear the torture and pain any longer.

4. Assigning this book is a terrible idea. Professor Berring, never do it again. Why
Even though the detective stories capture the interest and attention of the readers, the detective stories of Judge Dee has become obsolete and can no longer be applied in real life. The criminal justice system has changed drastically over the years and as good as Judge Dee was, his means and ways are not suitable in application for today.

Judge Dee may have been good judge during his time and he may still be an effective one today but his power and authority may not be the same as that portrayed in the book. During the old times, it can be observed that people really showed reverence and fear to the authorities which is a good thing. Today, the perception and respect of the people towards judges are not the same as before. Furthermore, inhumane punishments such as death by strangulation are already forbidden by the
Constitution.

Therefore, it is recommended that the professors make the students read a book that is more realistic and more applicable for today. Judge Dee may tickle the minds of the readers but only to a certain extent because while reading the book, those raised in a western culture who know the procedures of the law may shrug their heads thinking how Judge Dee crossed the boundaries of legality in order to get the criminals. Reading the book gives a person a clear comparison and contrast of the Chinese and American culture and the one good thing that I think came out of this assignment is that I have learned to appreciate the fairness of the justice system of the westerns.

Freedom of information Act, commonly referred to as FOIA was passed by the congress in 1966 to provide the American public access to the federal governments records. It represents the implementation of freedom of legislation in the United States. It was signed into law in 1966 by President Lyndon B. Johnson and was implemented the following year. It authorized full or partial revelation of information or documents which were not released to the public initially. It states compulsory revelation procedures and gives nine exemptions to the act (Wald, para. 2).
 
The electronic freedom of information Act Amendments of 1996 widened the scale of FOIA to include electronic records and demand creation of electronic reading rooms to make records easily available to the public. In 2005, Executive Order 13392 Improving Agency Disclosure of Information restated that FAOI functions an important route through which the public can access the information on the activities of federal government and urged the federal agencies to transform their FOIA programs to focus on the needs of citizens and realize their goals (Marks, para. 3).

Background
Due to the pressure on both constitution and demand for rights by the American people together with the insistence of state subservience to the individual, some people saw it necessary to disclose government information to the public. This view was criticized because some government information was regarded to be so sensitive at the same time there were private interest which did not favor the suggestion (Nader, para. 4).

The congress tried to pass Freedom of information Act in 1966 so that it could provide access to records owing to the fact that the people have the right to know what is going on in the government. The Privacy Act of 1974 was enacted to cover government documents involving individuals. There are about nine exemptions to FOIA which handle the issues which are considered sensitive and touches on personal rights of individuals. These exemptions are found in Title 5 of the United States code, section 552 (Federal Communication Commission, para. 3).

The act exclusives apply to federal government agencies. The agencies are under numerous authorizations to obey public solicitation of information. Along with obeying the public demand and making available all routine and technical measures for applying for documents from the agency, agencies are also liable to penalties for deterring the process of requesting for information. If any agency personnel acted contrarily to the law, a special counsel is charged with the responsibility of initiating measures to verify whether disciplinary action is necessary for the officer or the staff who was responsible for the withholding. In this manner, there is an option for any person soliciting for information to file a suit in federal court should there be any suspicion of unlawful interference or delayed sending of records requested. Nevertheless, there are exemptions to this law varying from withholding of documents through executive order for various reasons ranging from interest of national defense to foreign policy (Henry, p. 50).

Privacy acts amendments of 1974
Subsequent to Watergate scandal, President Gerald R. Ford saw it necessary to sign freedom of information act supporting the amendments in the privacy act of 1974, however there was worry over leaks and possible legal arguments that the bill is unconstitutional and these claims forced Ford to sanction the bill, in consistency with the documents declassified in 2004.  Congress voted against President Fords sanction, resulting into freedom of information act which is used up to date, with judicial evaluation of executive privacy arguments (Federal Communication Commission, para. 7).

The amendments were made to the law so as to regulate government control over documents which apprehends the public. It enables the public to access information about oneself, but this is regulated by the privacy acts exemptions, the public also have the power to change the records which appears inaccurate, inappropriate, ill-timed, or incomplete. The public are also granted the right to take legal action against the government for breaking the law together with allowing others to see someones records unless it is specifically allowed by the law. Together with privacy act, the rights of individual soliciting for information from the government are widened. People seeking for information from the government go through either The Justice Departments Office of Information and Privacy or Federal District Courts (Mason, para. 9).
 
In 1976, exemption 3 of the FOIA was altered to allow specification of several other exemptions. The specified exemptions included 1) information involving national security, 2) information related exclusively to domestic rules and practices, 3) information touching on accusing a person of a crime, 4) information which is likely to interfere with someones privacy, 5) information on investigations which if disclosed would interfere with inquiry, 6) information which result into financial rumors or jeopardize the strength of  any financial institution, and 7) information connected to agencys involvement in legal inquiry (Mason, para. 9).

In 1986, FOIA was amended. It touched a small part of the bipartisan Anti Drug Abuse Act of 1986. Congress amended FOIA to handle the fees charged by various classes of requesters and the extent of admission to law enforcement and national security records. The amendments are not indicated in the congressional reports on the act, therefore the legislative statements offer an indication of congressional plan (Henry, p. 124).

During the rule of president Reagan, he gave an executive order which was referred to as executive order 12,356 of 1982 which authorized federal agencies to hold back huge amounts of information under exemption 1 which was involving national security. The public concern which came as a result of the effect of Reagans order on Freedom of information Act led President Clinton to significantly change the principle in 1995. FOIA was seriously expanded during Clintons administration. Between 1995 and 1999, he gave out executive commands that permitted disclosure of information previously held as national security information for about 25 years and the information which were of historical interest as part of the FOIA. This disclosure of information enabled the public to access information which they previously did not know about cold war and other historical events (Harader, para. 7).

The electronic Freedom of Information Act of 1996
This amendment to the FOIA stated that all agencies are required by the law to develop and avail their records electronically for all the activities done on or after November 1, 1996. Agencies were also required to provide electronic reading rooms for the use of citizens in order to access electronic information. Because the records were voluminous and resources scarce, the agencies response time to FOIA requests were extended. Initially the response time was ten days, but the amendment extended it to twenty days (U.S. Department of State, para. 6).

The September 11, 2001 attacks led to the issue of directives by President George W. Bush limiting access to information relating to the past presidents. It was later cancelled in 2009 by President Barack Obama as part of his executive order promoting transparency, honesty, and accountability in government records. Public right to use presidential records was restored fully. In 2002, the congress enacted the intelligence authorization act for fiscal year 2003, public law 107-306. The amendments were only involving intelligence agencies. It was termed as prohibition on compliance with requests for information submitted by foreign governments.

This amendment prohibited any covered US intelligence agency from releasing records in response to FOIA requests put forward by foreign states or international governmental organizations. This means that any request made by non other than United States governmental entities should not be acted up on (Federal Communication Commission, para. 10).

The United States freedom of information act has undergone several changes since its inception. Such amendments have made it easy for the public to access information of public concern.  Among the most important amendments is electronic freedom of information act amendment of 1996, privacy acts amendment of 1974, cancellation of directives barring access to presidential information, and specification of exemptions to FOIA. Since the public have access to information which they can need regarding the federal governments activities, it has led to increased transparency, accountability, and openness in government offices.  

The Uniform Commercial Code (UCC) is a document that compiled in an effort to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. It was first published in 1952 and its main purpose is to care of inter-state commercial transactions. The UCC therefore helps bring about uniformity in commercial laws and, at the same time, allows the states the flexibility to meet local situations. A Contract of Sale is defined as a formal agreement between two parties, a seller and a buyer, for the exchange of goods from the seller to the buyer for a price. It is required that this agreement be in writing.

Methodology
In this paper, I am going to analyze the key issues aspects of the Uniform Commercial Code (UCC) Article 2 which deals with the law of contract of sale. This paper will explain how a contract of sale is formed, what comprises it, how it ceases to be valid and the implications of this. The paper will also examine the mirror image law, its implication and application.

Background Information
This paper is compiled by reviewing the original UCC document and also looking at some of the amended adaptations by some states referring to the main source of reference Miller,R.L. and Jentz, G.L. (2010). The A tradition - Fundamental of Business Law.

Formation of Contracts
Article 2 of the UCC governs contracts for the sale of goods but does not deal with the sale of immovable or real estate, services or intangible property such as stocks and bonds. According to UCC, a sale is the passing of ownership from the seller to the buyer for a price. The price may be in cash or in goods or services (Miller,and  Jentz, 2010). When one of the parties to the contract puts an end to the contract for breach by the other, the contract is considered cancelled. This is tantamount to a termination although the canceling party is required to give compensations for any damages arising from the cancellation.

Formation of a Contract
Where the goods sold are worth than 500 or more, it is required that the contract, which must of necessity be signed by the buyer or vendor, or by his authorized agent, be in writing for it to be enforceable in a court of law. It is further required that the writing be sufficient to show that a contract exists between the two parties. Writing is deemed sufficient even if it leaves out or states wrongly a term agreed upon. However the contract cannot be enforced for a greater quantity of goods than indicated in the writing (Miller and Jentz, 2010).

Risk of Loss
Parties to sales and lease contracts often obtain protection against loss, damage or destruction of goods. Any party purchasing insurance must have sufficient interest in the item to obtain a valid policy. This sufficiency is determined by insurance and not the UCC.  The UCC however contains certain rules regarding insurable interests in goods (Miller,and  Jentz, 2010).

The Rights of a Creditor
The buyers right to recover the goods dictates upon the rights of the sellers unsecured creditors in relation to goods which have been identified to a contract for sale.

Implications of Breach
(1) If the seller fails to acknowledge rejection of the goods by the buyer according to the terms of the contract, the risk of loss remains with the seller until the matter is resolved.

(2) If the rightfully rejects the goods for deficiency, he may treat the risk of loss as the sellers right from the beginning and (3) If the contract is breached by the buyer before risk of their loss has passed to him, the seller may leave the risk of loss on the buyer for a commercially reasonable period of time (Miller,and  Jentz, 2010).

Sellers Shipment under Reservation
 Failure of shipment of the goods to meet the specifications stipulated in the sale contract signifies a breach of the contract for transportation. However this does not affect the rights of the buyer in relation to shipment and identification of the goods. (Miller,and  Jentz, 2010).

Shipment by Seller
If the place of delivery of the goods is not explicitly stated in the contract, then the seller may put the goods in the hands of a carrier and make a reasonable contract for the delivery of the same in relation of to the nature of the goods and other circumstances of the situation and pass to the buyer any document that the later may need in order to claim ownership of the goods in good time and notify the buyer appropriately. (Miller,and  Jentz, 2010).

Payment by Buyer before Inspection
If inspection of the goods is done after the buyer has already paid the seller and it happens that the goods fail to meet specifications, the buyer is not excused from paying, unless inspection is not done before the goods fail to agree with the specifications laid down in the contract. (Miller and Jentz, 2010).

Rightful Rejection
Rejection of goods must be done within a reasonable time after their delivery or tender. It takes effect only if the buyer notifies the seller appropriately.

Warranties and Product Liability
The manufacturer or vendor of goods is required to compensate an injured buyer for injury caused by defective items that he or she has put in the market. When people are harmed by an unsafe product, they may take action against those who manufactured, sold, designed or furnished that product. Consumer protection litigation is seen by many consumers as a very appropriate tool for guarding consumers in the U.S. (Millerand Jentz, 2010).

Product Liability - Negligence
A manufacturer can be sued for negligence if he failed to exercise reasonable care in the production, design, or assembly of his product thereby causing harm to a consumer. It is the duty of everyone in the line of distribution, including a manufacturer to avoid being negligent. (Miller,and  Jentz, 2010).

Warranty
There are three ways in which a warranty can be created by confirmation of fact made by the vendor of the goods to the buyer relating to the goods, which becomes part of the contract by describing the goods, which is made part of the foundation of the contract and through a sample or model, which is made part of the basis of the contract. (Miller,and  Jentz, 2010).
Strict Liability
Cases make a seller responsible for all defective items that unreasonably pose danger to the personal safety of a consumer or the consumers property. This is expressed in the rule of strict liability as it is interpreted in product liability law for a seller who particularly engaged in trade. (Millerand Jentz, 2010).

The Mirror Image Rule
Under the common law, an effective acceptance was one in which the offer is accepted entirely and unconditionally, i.e. the acceptance had to be the mirror image of the offer. The acceptance is taken to a counter-offer if a term is added, removed or even slightly altered in the acceptance and hence not an acceptance.

The common law however gave rise to some problems in business transactions as illustrated in the following situation
A farmer in Kansas sends a Purchase Order to a grain supplier in Illinois on December 1, containing blanks which the farmer fills in by hand to indicate she wants 1,200 pounds of corn to be delivered on or before next May 16.  A clause in her Purchase Order is preprinted and states that delivery shall be made by U.P.S. The grain supplier sends out a preprinted form entitled Acceptance of Purchase Order upon receiving the Purchase Order. The owner fills in the blanks to indicate the grain company is promising to supply 1,200 pounds of corn to be delivered on or before February and promises to sell the corn at the same price quoted in the Purchase Order. However, clause 31 of the Acceptance is also pre-printed and says that delivery is to be made by any common carrier. When the Acceptance form arrives, the farmer just puts the document in her files. If Grain Company never delivers the corn, the fact is that no contract is breached because non existed. (Miller and Jentz, 2010)

Assess if there was a Contract
The first issue is whether the parties have a contract based on their exchanged writings. This is determined by judging their writings under the provisions of 2-207(1). The only function of 2-207(1) is to determine if the Purchase Order and Acknowledgment together constitute a binding offer and acceptance. This is done in two sub-steps

(1) Determining if the sellers acknowledgment is seasonable and

(2) Ascertain if in his acceptance, the buyer lays conditions on seller.

Once it is determined that a contract exists in writing under
207(1), i.e., it is determined that the buyer expressed acceptance reasonably. The proper analysis under 2-207(2) depends on whether the parties are merchants or not, that is, such terms do not automatically become part of the contract, and are treated as nothing more than suggestions of possible additions to the deal presented to the offeror. If Both Parties are Merchants, Offerees Terms Control Unless One of the Three
2-207(2) Exceptions Apply. 5.322.

Future Direction
As most of the states in the US have opted to make amendments to the UCC, discrepancies continue to arise in the law. This will come as a challenge as it will only make business between parties in different states more difficult. Attorneys in interstate trade cases will be required to be very conversant with the laws of the states involved.

Conclusion
The UCC has to a large extent helped in harmonizing sale transactions, though the discrepancies between the laws of the different states remain a challenge.

Recommendations
I would recommend that the various states review their laws to make sure that they do not deviate much from UCC and the laws of the rest of the states. I would also suggest that where the law of a particular state contradicts the UCC, the UCC to prevail in order to enhance uniformity.

Extradition is the most widely known practice of a state handing over its own citizen who is a suspected or a convicted criminal in another state. The native state places the fugitive under the jurisdiction of the laws of another country if the fugitive is to appear in court in trial or is proven guilty of a crime. Although extradition has been practised by many countries for quite some time, to undertake it takes a long time and is very laborious. The fact that there are many conditions that both the requesting and the requested parties need to fulfil before the extradition petition moves along seems to hamper the process of law in the state where the fugitive committed his crime.

Recognising this difficulty, the European Union formulated a legislation which allows them to issue an arrest warrant that seems to defy political borders such that the extradition process becomes quicker and more efficient. The framework decision passed on the 13th of June 2002 pushed the creation of the European Arrest Warrant or EAW. This arrest warrant allows the arrest of fugitives who take refuge in other EU member countries when they are due to appear in court trial or serve detention. An EAW can be issued if the fugitive is suspected to or has committed a criminal act that is punishable by a maximum of twelve months or more in prison.

The 911 attacks on the United States had a significant impact on the way countries all over the world view their legislations that concerns borders and crimes done by non-citizens. One of the most relevant policies concerning border security is the creation of the Task Force for the Fight against Terrorism by the Europol. The task force had the primary task is to figure out how terrorist groups financed their activities.

The European Arrest Warrant is considered as an offshoot of this policy because it is one of the responses of the European Union to terrorism. The urgent need for quicker justice proceedings as well as better and quicker arrests were all emphasised in the face of terrorist threats. The European Arrest Warrant or EAW can be viewed as an arrest warrant with added features, but the warrant in itself has social repercussions. Take for example the other purpose outlined by the EU member countries for the passing of this policy. They take the EAW as the beacon that symbolises the EU member countries unity and recognition that other justice systems are capable. Important changes in the state that issues the EAW also happen when it comes to their decision making process and their policies concerning cross border crimes. The power to make decisions is now placed in the hands of the judiciary branch of the government contrary to the past system wherein the executive branch dealt with decisions concerning international arrests and extraditions. However, looking at the wide scope of things, it is also possible that it may point to future direction in the state of the system of laws and order in the world.

This paper seeks to evaluate the policy with regards to how it serves its function to keep peace and order within borders. This is going to be done by discussing the background of the EAW, its general features and some of its provisions. Then the author will highlight its strengths and weaknesses in being at the forefront of criminal justice.

II. Other Motivations and Challenges Faced by EU Countries
Other than the fact that terrorism made EAW imperative, there are other factors and challenges that EU members experience that the existence of the European Arrest Warrant may help alleviate. For one, since EU countries are very close-knit geographically, this makes moving from territory to territory very easy, and improved means of transportation made it easier to make illegal passes and border crosses in the region. One of the problems is the persistence of illegal aliens in certain countries. Many people from neighbouring countries manage to enter and exit borders while escaping the jurisdiction of the law. Many citizens of near countries move inside main cities without due process. Other than illegal entries, these borders serve as selling points of prohibited wares. Drugs, weapons, and even humans are sold in the border even in the major cities of the country. Smugglers and human traffickers frequent the borders, frequently unhindered by spot checks and continue on into the main cities to sell their wares. Smuggled goods are also brought across the border from suppliers that may be citizens of another neighbouring country.  Smuggled goods cost the government a lot since tariffs and other entry-point payments are not paid for by the employer who sent this through text. Also, smuggled goods did not pass through quality control checks at the factory of the good. These smuggled goods may be defective factory products resold for income.

The relatively open borders did not only increase the size of the black market of the region, but it also allowed the easy spread of groups that are potential security threats. Criminal groups live and stay in certain countries and find it easy to move out if the authorities start hunting them down. Their ability to create falsified documents combine with the fact that the borders are very close to each other to make a sure and very safe escape route for these criminals. Groups whose intention is to spread terror also find it easy to penetrate the EU states and threaten internal security of the country.

Since these are common problems for all EU member countries, working together to fight a common enemy can be a possible solution to eliminate these threats. As a result, the Union placed emphasis on increased vigilance and improved policies regarding extradition and border security.

III. General Features of the European Arrest Warrant
The existence of an arrest warrant that hastened extradition was agreed upon by EU member countries when they met in the Laeken Summit of December 2001. This agreement became a full-fledged framework on June 13, 2001 and was set to be implemented by all member countries by the end of 2003. By the 1st of January of the following year, eight member countries had already implemented the framework. By November 1 of the same year, all of the members had adopted the policy. Italy, however, was the last one to implement it as it did so on the 22nd of April 2005.

The warrant contains vital information such as identity of the individual summoned, a description of his offence or the reasons for his summon the competent authorities who issued the warrant, and the decisions and orders of the court.  A translation of the document is also issued depending on the native language of the person concerned. The document can be sent by any means possible just as long as the warrant is safe and is sure to be received. The form through which the warrant is sent should allow the production of a hard copy of the document.

The member countries are the ones who will assign their own respective competent authorities that serve judicial function who can also be assisted by another committee who will be in charge of helping the authorities with certain aspects of warrant issuance. The judicial authorities appointed by the state shall also be the one who would report to the Council accordingly.
The arrest warrant takes out double criminality, a policy that is followed by states requesting and responding to extradition cases.  Extradition requires that the laws of requested countries regarding the criminal offence of an individual be existent and similar as the requesting country. According to the legislators, instead of comparing the laws of states involved, the EAW moves as a statement of belief and trust to the justice system of the requesting party. Therefore, the EAW is a statement of mutual recognition that exists among members. Acts of terrorism, human trafficking, corruption, racism, fraud, and rape are some the crimes that need no double criminality verification when a party is requesting for the surrender of a fugitive. The double criminality rule, however, still applies to crimes that are not included in this list.

IV. Perception of the EAW
The European Commission of the House of Lords released an evaluation of the implementation of the European Arrest Warrant in member countries. In the report dated February 2005, the committee concluded that the policy was effective in curbing crimes and possible terrorist threats in general, but they were aware of the fact that legislative and differences in implementation methods influenced how the EAW was pushed in each state.

Improvements in the time it took to issue an arrest order became shorter and arrests have been made quicker. It needed over nine months to process a warrant before the EAW, but after its implementation, it required only 30 to 43 days to exact a warrant of arrest.

However positive the legislators and administrators may be of the policy, some sectors did not meet the EAW policy in good terms. Certain groups became apprehensive of the policy saying that it would be a leeway for human rights violations to be legitimised. Germany, a member country, had a clash with the EAW in 2005 as it violates the provision in its constitution that stipulates that no German citizen can be extradited.

V. Own Views

A. Strengths of the EAW
Humans have a right to be safe and be kept from harm and I believe that the EAWs strengths as an effective arrest warrant lies in this fact.  The EAW one of the ways through which the government assures the safety of its citizens and assure that the law is swift to act to protect them, and his is where its strength as a policy lies.
The European Arrest Warrant is one of the ways through which the citizens are kept safe by the state against threats to security. Borders are the most crucial areas in law enforcement given the condition of the borders of EU member countries.

In law enforcement especially with cases concerning the movement of highly organized groups that threaten security, time is of the essence. It has been a common practice for suspects to flee the country where they live or commited a crime to see safety and asylum within the borders of another country that is very easy to go to. When the time comes that the authorities figure out what has happened, it is already too late. Suspects take advantage of the fact that extradition is not a quick and easy process to undergo. The process will take so long, and the risk of the appeal getting denied is quite high. By the time the appeal is approved, the suspect is now able to gather more resources to delay justice once again.

These facts say a lot about the EAW and how it is helping keep malevolent entities at bay. The strength that the EAW possess lies in the fact that the European Arrest Warrant gives law enforcers the power to match the suspects speed and fluidity to prevent any violent acts that can shatter internal security. Law enforcers can now jump from border to border without getting pulled back by laws that prevent non-citizens of a country to enter a territory without official government consent. When in pursuit of a suspect or fugitive, the EAW is a policy that greatly hastens the process that police forces follow, so they waste no time in unnecessarily waiting for approvals while allowing those malevolent ones unfold their plan quickly.

According to the framework, the warrant, to be considered valid, must contain all the necessary information needed by the individual concerned to understand what he is involved in. His identity, the purpose of the warrant, the reasons of his summon, the authority who issued the warrant, and a rightful translation of the document in the individuals native language is needed to make the EAW valid and effective. The suspect has the right to have a legal counsel in the event that he surrenders. It is also stipulated in the framework that the warrant can be rejected by either the individual or the individuals home state in certain circumstances if the individual is already tried and given a verdict in his home country or is under an amnesty.

While the EAW allows cross-border arrests, it does not lose its initial identity as a warrant that needs to respect the rights of the one being requested for or arrested. Its respect for the suspects rights is strength, as it clears all of the suspicions of the EAW being an authoritarian warrant. This makes it all the more a more acceptable form of an element designed to propagate law and order in countries.

B. Weaknesses of the EAW
While there are consequences of EAW policy approval that protect human rights, there are certain repercussions that violate it as well. Being an arrest warrant based on haste, the warrant may unwittingly leave out very important considerations regarding a crime and the involved individuals rights.

More incorrect arrests are likely to happen when a warrant is issued so quickly. There might be information that is not supplied by the investigators that are very crucial to correctly pinpoint who and where the suspect is. Unbelievable pressure to deliver results to the government can drive police forces to overlook certain aspects of the case that are extremely important. EAW can even lead to the incarceration and unfair treatment of innocent people whose freedom and sanity are compromised because of hasty actions in the part of the police. Another thing is that the fact that the EAW does not look at the double criminality rule may result in serious repercussions that involve violating human rights. Suspected terrorists or criminals who are found to be in another member country can be summoned but not necessarily by the country where the crime was done. There are countries that have looser policies when it comes to the administration of physical affliction and pain for the sake of intelligence gathering. These countries can be the ones who would request for the presence of a suspect, with possible red tape from the police force of the country where the crime was committed of course. If there exists loopholes and doubts that need to be answered right away, the police force can use violent methods such as torture that will make a suspect divulge information. Torture is going to be done whether or not the individual is innocent of the crime accused of him. In this aspect, the EAW serves as an agent that helps perpetuate human rights violations for the sake of intelligence.

Intelligence crimes are also of special consideration for the EAW because these are crimes that have no physical borders to speak of. These cases involve speech and thoughts that can be dangerous ground if combined with EAW. Thought and speech crimes are considered borderless in the sense that many people do not even know that such laws exist in country that is not their own. The repercussions can therefore be horrendous if a party would accuse an individual of such crimes.  It is highly possible that the EAW and such borderless crimes would be used as plain justifications of persecution to cover up a motivation based on racism and discrimination. However, since EAW does not thrive upon the existence of double criminality, anyone can be accused of a thought or speech crime and be held accountable for it, even if that individuals activities are perfectly legal in his country.

The best example for this case is what happened to Frederick Toben in 2008. Toben is a member of a community based in Britain who actively denies the Holocaust. Although most of his activities are based in Britain, the German government issued a European Arrest Warrant as Holocaust denial is a crime in Germany.  Holocaust denial is not a crime in Britain. In the end, Toben was arrested on British soil. Although Toben is an Australian citizen, his case is a testament to how a state can be crippled by another as it cannot fulfil its responsibility to protect its citizens welfare, work, opinions, and creativity is erased by the EAW.

These points to the fact that maybe, the main weakness of the EAW is also found in its strength. The EAW boasts of its ability to hasten capture of fugitives and justice implementation, but not all EAW holders have in their hands a real malevolent soul.  The speed at which the EAW is issued and exacted can be too short for really complex cases that it can lead to multiple erroneous arrests. Another weakness is the fact it is difficult to manage and prevent under the table agreements that may utilize the EAW for intelligence gathering, most especially for methods that are inhumane. The EAW can also be used as a mechanism for racism and xenophobism. The policy is open and unguarded against prying and corrupt hands that want to use the power of the EAW wrongfully.

VI. Conclusion
The reasons for the implementation of the policy that allows the issuance of a special arrest warrant called the European Arrest Warrant is unquestionably for the protection of the security of the state and the people in it. Driven by the need to have a more dynamic approach to law enforcement in the age of terrorism, the European Arrest Warrant allows the arrest of a fugitive or a suspect without having to think about the usual considerations of extradition has like double criminality. These considerations make extradition a less favourable option to choose when criminals and terrorists waste no time in thinking about borders that divide countries physically, legislatively, or even executively.

European Arrest Warrants do live up to the purpose that it was originally created for as it does protect the rights of an individual against bad elements that may threaten to harm the security of a state and the welfare of its citizens. The strengths of EAW are found in the fact that its provisions allow the elimination of the lags and delays that disallow police and law enforcement bodies to move in the same pace and rhythm as the malevolent ones. The fluidity of these groups when it comes to crossing both physical and legislative borders is now also given by the EAW to the law enforcers. A suspect seeking asylum in another country can now be taken back in no time, thus giving the suspect no chance to further escape and gather resources to further hamper law enforcement. The EAW protects the right of humans to live, be safe, and be protected by his or her mother state.

While there are certain rights that are protected by the EAW, there are also rights that are violated. The European Arrest Warrant is a policy based on haste and quick judgements which makes it very prone to errors, and this is the European Asia Whiskey  It is highly likely that an arrest warrant may be issued on grounds that are not solid enough. This leads to human rights violations such as wrongful arrests and innocent people facing punishments for crimes they did not even do. Another negative effect could be related to the fact that EAW could be used to distort legislative reason. The need for intelligence and EAW is a bad combination because the EAW gives law enforcers the power to transcend legislative borders and bring a suspect to a country whose policies on violent methods for getting information is not harsh. Another possibility is that under the EAW, an individual can be arrested and punished for his legal practices in his home country just because these activities are illegal in another. One can be punished for laws he never knew that existed, and these borderless crimes like thought or speech crimes can be used as simple cover-ups for a racist or even xenophobic motivation. Therefore, the need for the EAW policy to have preventive mechanisms to reduce abuses and red tape happenings is emphasized.

The EAW may usher a new era in law and order in the world. Living in a world that allows different laws to exist yet has this policy that disagrees with this diversity is utterly confusing and damaging. The borders are allowed to exist, and yet they are erased at the same time.

During the first half of the 20th century, a theory which focused on the nature of law was developed in the United States.  This theory was known as legal realism and had such proponents as Justice Benjamin Cardozo, Justice Brandeis and, of course, Justice Oliver Wendell Holmes, who is probably the most identified with legal realism in the United States. The premise behind the theory of legal realism that Justice Holmes made so popular was the idea that law was created by man, and therefore, the law is subject to flaws, impurities, imperfections and other human foibles.  Legal realists, such as Justice Holmes, supported the notion that since the law is indeterminate the judiciary must consider extralegal factors to resolve disputes that come before them. Although different components of legal realism are flawed, not only it is factual that the U.S. judiciary consistently relies on extralegal considerations to interpret the law, it must do so.

Legal realism challenges the premise that U.S. jurisprudence is an autonomous system of rules and principles that courts can logically apply in an objective fashion to reach a determinate judicial decision (Law Encyclopedia Legal Realism,  HYPERLINK httpwww.answers.comtopiclegal-realism httpwww.answers.comtopiclegal-realism). Proponents of the theory hold that adjudication of laws is a subjective system that sometimes produces inconsistent results because political, social and moral predilections of state and federal judges come into play (Law Encyclopedia Legal Realism).  Legal realists focus on what the law is instead of what the law should be.

Legal formalists, on the other hand, disagree and support the idea that U.S jurisprudence an autonomous system where rules and principles can be objectively applied to situations that came before the judiciary.  Legal formalism argues that judges interpretation of laws and principles must be constrained to the plain meaning of the law (Legal Formalism Encyclopedia II-Legal Formalism-Formalism Explained,  HYPERLINK httpwww.experiencefestival.comaLegal_formalism_-_Formalism_explainedid5227597 httpwww.experiencefestival.comaLegal_formalism_-_Formalism_explainedid5227597). Simply, the legal formalists believe that the law is supposed to be a set of rules and principles that are independent of social and political considerations.

Justice Holmes is responsible for bringing attention to the social aspect of the law.  One of his most famous quotes was, The life of law has not been logic, it has been experience (Novick, 1989).  Holmes believed that the law was the result of judges interpreting the rules in conjunction with political, social and other extralegal considerations.  In The Common Law, an 1881 published work based upon a number of lectures given by the Justice at the Lowell Institute, Holmes attacked legal formalisms reliance on natural law and rights. The Justice argued for an objective model and community standards to be used as guides (Oliver Wendell Holmes,  HYPERLINK httpwww.michaelariens.comConLawjusticesholmes.htm httpwww.michaelariens.comConLawjusticesholmes.htm).  However, after a number of societal disruptions in the mid-1890s, the Justices theories changed.

During the mid-1890s there were labor-management conflicts throughout the United States and other disruptions in society.  In dealing with these disputes, Holmes realized that there werent always community standards available to act as a guide. In 1897, he published The Path of the Law in the Harvard Law Review.  His essay concluded that the law is nothing more that what judges do (Oliver Wendell Holmes). The famous essay helped fuel the debate, which continues to this day, as to whether the judiciary take an only rule position or must the judiciary consider policy as well as the rules.

Some legal realists argue that the law is just a representation of the will of the societys most powerful. Thrasymachus articulated this view in Platos Republic. He stated that laws are made by the ruling party in its own interest (Plato, Republic).  Justice Holmes echoed these sentiments in Lochner v. New York, 198 U.S. 45 (1905) when he wrote the law must not be perverted to prevent the natural outcome of the dominant opinion.  The judiciary to a degree must take into account public opinion, or utilize the total inclusion concept.  It cannot interpret the law in a vacuum by solely relying on the letter of the law.  Imagine our current times with laws on the books that say African-Americans are 15 a person or women cannot vote and own land.  The masses would have no faith in the laws and eventually anarchy would arise. However, public policy cannot be controlled solely by the powerful either as Thraysmachus and Holmes confirm that it is.  By focusing on the policy of only the powerful, the result is the current discourse that is felt in the U.S.

Looking solely to the letter of the law is not all bad either.  One positive is that it provides consistency to the law.  It allows precedent to be set and provides the public with some guidance and expectation of how their actions and relationships will be treated.  It prevent citizens from be subjected to the whims of judges and whatever biases the judges may have.  Forcing judges to follow only the letter of the law gives the judiciary credibility and creates a trust in the masses. Most importantly, it provides a guidance that allows most citizens to live their daily lives in peace and comfort.

The reality is the judiciary in the U.S. cannot interpret law without accounting for public policy. The law would become out of sync with the public opinion cause lack of faith in the masses.  At the same time, the judiciary must balance the need to take public policy into account with the need to provide consistency and precedent.  Following the letter of the law provides such consistency and precedent.  The trick lies in finding a healthy balance between the only rule and total inclusion theories.

Business
Line is the affect of providing the products (which can be artifact, services or strain) to the customers with the intention of gaining gain by its businessman and providing satisfaction to its consumer.

Law
Law is a set of rules and regulations constructed by the authorities for ethnic moderate.

Responsibility of Mercantilism law
Laws, as we now bed it, has its proximity in every feature same multiethnic law, polite law, common law and umpteen others. Similarly is a set of rules for Commerce law to avoid any controversial thoughts or actions which can alter the ethnical control.

Legislative Operation of Law making
Parliament consists of iii outlined elements
  The accommodation of representatives
  The senate
  The president

For a legislative proposal, this is actually glorious as a Eye shade at that initiate, to metamorphose an Act of Parliament, it has to be passed and approved by the both Houses of Parliament and recognize the Presidents Assent.

Business Aspects
To get to jazz almost Acting Law, we moldiness bang active all aspects of Business and Laws affiliated to these.

(a.) Proffer
A bid is an expression of willingness to contract on given status, prefabricated with the intention that it shall metamorphose back as presently as it is recognized by the being to whom it is addressed.
Wage Great from Invitation to Touch

When parties discuss with a orbit to making a bidding, more prelim subject may license between them before a settled supply is prefabricated. One lot may only act to a pass for information. That receiver is then said to represent an invitation to affect he does not piss a wage but, invites the separate party to do so. The distinction between a supply and an invitation to treat is often strong to standoff as it depends on the artful ideal of intention. But there is indisputable convent

(b). Auction sales
At an auction understanding, the generalized pronounce is that the pay is prefabricated by the bidder and standard by the auctioneer when he signifies his permissiveness in the usual deportment, e.g. by victory of the hammering. Before espousal the bidder may recede his bid and the auctioneer may cease the artifact. It seems, moreover, that the act made by apiece bidder lapses as shortly as a higher bid is prefabricated. Thus if a higher bid is prefab and withdrawn the auctioneer can no yearned support the incoming highest.

(c).Showing of goods for understanding
The systemic measure is that a exhibit of price-marked artifact in a workplace pane is not an act to trade artifact but is an invitation to a consumer to eliminate an offer to buy. Similarly, the communicate of goods on the shelves of a self-service shop is merely an invitation to impact the client makes an content to buy when he carries the artifact to the cash desk, where the tradesman may acquire or deciding it.

(d).Advertisements and new displays
Advertisements of rewards for the denote of unregenerate d or taken construct, or for info leading to the attract or conviction of the wrongdoer of a transgression, are invariably burnt as offers they are clearly prefabricated with the intention to be paper backed as no more bargaining is supposed to prove from them. The selfsame is align of remaining advertisements of unilateral contracts.

Damage and Conditions
To run a activity it may or may not concern the involvement of a bid between two parties. Every commercialism, within or without a change, has its status and conditions to control, which, if not abide d by can guidance downed to closing of the acting.

(a). Position
Whether or not a statement becomes a statue of the contract depends substantially on the intention of the parties. Some statements do not represent tune of the decrease but may feature been prestigious in having a organization save into a contract. Many statements are not component of the bid but if recovered to be fictive can lot up rise to an spreading on the base of misrepresentation.

(b). Verbalize Terms
Verbalize cost are those position that are contained in a decrease and are openly articulated by the parties to the take. Of direction, there is always the release that what was said is actually what the parties deliberate it to intend. The courts unremarkably affirm an objective movement to ascertaining what the parties deliberate by the line they utilized in the fall.

(c). Incorporation by Acquire Indicator
Damage can be unified into an compatibility by shipping compose to a bag organization papers. Hence a denotation to a period much as CIF as defined by INCOTERMS in a diminish is ample to comprise the meaningful ascribed in INCOTERMS as component of the convey position of a diminish.

(d). Silent Damage
Status may be implied in a lesson (1) based on duty or utilization (2) as the legitimate incidents of a fact family or benevolent of sicken (3) based on the presumed intention of the parties where the understood term staleness be requisite to dispense business efficacy to a contract (4) as gathering the officious bystander test as a quantity which the parties would say, if questioned, that they had plainly taken.

Line Effectively
In acting transactions, what the law desires to significance by the implication of a constituent is to relinquish much line effectiveness to the dealings as must hold been motivated at all events by both parties. The court instrument not show a constituent to furnish effectiveness to a get on the cordite assumption that it is sensible to do so still, thoughtfulness of what is fair is measurable in determining whether or not a word should be retinue may involve a quantity if much an implication needs arises that the parties moldiness hump knowing that the suggested concession should exist. It remains that the constituent silent into the dealing moldiness be required to communicate effectuality to the bridge.

Status Silent by Law
Damage can be implicit in a hire mostly on the basis of written.
Marketing of Artifact Act Chapter 8230 (Revised Laws of Island and Tobago, 1980) as amended by Act No. 11 of 1983
14 (1) In a contract of sale  there is an silent procedure on the component of the trafficker that in the occurrence of a marketing he has the sect to delude the goods
(2) In a bidding of occasion, there is an tacit warranty that
(a) The artifact are unconfined, and testament stay clear until the measure when the prop is to give  and
(b) The vendee leaves like tranquilize firmness
16 (2) Where the marketer sells artifact in the education of byplay, there is an understood statement that the artifact supplied low the sicken are of salable propertied, object that no specified term -
(a) As regards defects specifically haggard to the buyers attention before the change is prefab or
(b) If the emptor examines the artifact before the bid is prefab, as regards defects which that test ought to reveal.

Conditions
Conditions are damage that is advised to be desperate to a hire, the breach of which may entitle a band to terminate the bidding and seek correction from the courts.

Warranties
Warranties are mostly reasoned to be status that time of standing in their own rights does not unmake a diminish if breached and thus the offensive receiver may be held unresistant for amends but the lessen cannot be terminated by the broken party.

Exemption Clauses
It is now ordinary in contracts to see a lot hunt to minify or disappear liability with respectfulness to particular aspects of that partys action of its contractual obligations. A party relying on an immunity section that limits or excludes bad staleness from the act protest that the subdivision is merged in the take (by manner, mention or class of treatment) governing his action of the hire and that it provides endorsement against the consequences of the severance of engage for which he is accused. Unfortunately if these considerations are recognized in benignity of the soul in break, there are still several hurdling that staleness be defeat in organization to base the operability of the immunity section. The law of freedom clauses has been revolutionized by the Unsporting Bidding has been caused to conception excluding obligation on the effort of a remiss party, this can exclusive be relied upon where react of the exemption clause has been tenable.

Content
For a employ to be costive, it staleness be prefabricated by parties with the requisite power, that is the lawful knowledge to attain the diminish. There are individual factors that may result on a persons knowledge to promise. A mentally ill being or a juicer being may represent that they are not sure by a employ made during a point of sickness or inebriation. This word would be based on the thought that at the quantify of the making of the promise they lacked the susceptibility to believe the implications of the take and hence ought not to be brass bound by the take. In the person of league, there may be no supply of the intelligence of a limited but the courts fall of a man, too topper to mate what he is active, is revocable only, and not space, and thus confident of agreement by him when he becomes inebriated.

Mentally Ill
A diminish prefab by a human of speculative intent is not revocable at that persons deciding if the new set to the get believed at the dimension he made the decrease that the someone with whom he was treatment was of secure watch. In order to avoid a evenhandedly promise on the connection of insanity, the rational incapacity of the one must be glorious to the different of the acquiring parties. A suspect, who seeks to refrain a sicken on the connector of his insanity, staleness plead and grow, not simply his incapacity, but also the plaintiffs knowledge of that fact, and unless he proves these two things he cannot follow.

These are the historic and needful aspects to translate Playing Law.

The American society today faces a number of security challenges coming from both external and internal groupings. Whereas the American government has stood firm against external aggression, it still has a long way to go in tackling the internal security challenges, particularly with citizens being allowed by the law to possess guns. And with the increase of criminal activities using guns, particularly amongst children, there has emerged a fierce debate on whether American citizens should be allowed to have fire arms at home.

The Controversy on the Bearing of Arms
There is a constant tag of war between those people who want arms to be controlled by states and those who feel that such controls will tantamount to subverting the Second Amendment, hence stifling individual liberties. According to Alliance for Justice, the Second Amendment of the U.S. Constitution provides that a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. They offer an example of a last year case where this right was upheld by the Supreme Court in the District of Columbia V. Heller, the court upheld that the Second Amendment protects the right of an individual to possess and carry weapons in cases of confrontation.

Contrarily, other organizations like the Brady Center to Prevent Gun Violence advocate for control of guns through education, research and legal advocacy. In that vein, this organization harshly blames Obama for signing into law more repeals of federal guns than his predecessor and that he has failed to honor his campaign pledge of enacting strong new gun laws. The organization accuses Obama for not pushing for legal reforms that would enable background checks at gun shows, prohibit the sales of guns to suspected terrorists and give law enforcers the tools that they need to crack down on corrupt dealers and traffickers. ( HYPERLINK httpwww.bradycampaign.org httpwww.bradycampaign.org)
However, as observed by Carter, states have so far struggled to ensure that citizens do no take advantage of the Second Amendment to advance lawlessness. This is best illustrated by the verdict of States v. Kessler (1980), in which Kessler was charged of being in possession of a slugging weapon at his home in addition of behaving disorderly in the public. Kessler had argued during the trial that the charge of the slugging weapon within his home was a blatant violation of the Oregon Constitution, Article I, Section 27, which stipulates that people have to bear arms for their own defense and that of the state. He further argued that that Article of the Oregon constitution offered him the liberty to possess weapons of self-defense within his own home. (556)

Carter points out that that the state countered Kesslers assertions by stating that it had a reasonable right to put regulations on the possessions of such weapons with an aim of promoting the safety of the public.  While processing Kesslers claims, the court desisted from drawing a comparison to the Second Amendment, noting that this amendment is yet to be incorporated through the Fourteenth Amendment that limits states actions. (556)

The Law, Children and How to Protect Children from Accessing Guns
The debate on guns possession enters into another dimension when it comes to children accessing guns and using them to commit crimes or avenging their peers. According to The Hotline, a journal on American issues, the United States continues to lead the world in child deaths from firearms. Children in the United States die or are badly injured, either because their parents or some other gun owners do not carefully store firearms. Subsequently, when children access these loaded arms they end up using them unintentionally on themselves or other children. Additionally, older children are more exposed to the risk from horseplay with available guns whereas teenagers use guns to carry out suicides and criminal activities. (1)

The journal further states that the rates of gun violence dramatically rose during the 80s and the early 90s, claiming lives of the American children. But from 1984 to 1994 there was a 222 increase of firearms deaths of children between 15-19 years of age, whereas the there was a 13 decrease of death rate from non-firearm homicide. Even though there has been a remarkable decrease of deaths from gunfire since 1994, firearms are still expected to overtake motor vehicle accidents as the leading cause of death amongst children. (1)

So far, according to Hotline Journal, there are very few laws that govern childrens access to guns. The Brady Law made it illegal for children under the age of 21 to purchase handguns from licensed dealers, even though there is a loophole that still makes it possible for 18-21 years olds to buy handguns from private or unlicensed individuals. For instance, the shooters in the Columbine High School massacre used four guns that were bought at gun shows, out of which three were purchased by an 18 year old who didnt have to undergo background check. (3)

The report in Hotline Journal concludes that, each state has different laws governing the transfer and possession of guns by juveniles. Most states permit teenagers to possess long-guns, including assault weapons. Besides, the Children Access Prevention (CAP) laws have been passed by 18 states. These states hold gun owners criminally liable if children access their weapons and in the process hurt themselves or somebody else. This law has been quite effective in cutting down firearm deaths amongst children. A 1997 study published by the Journal of the American Medical Association demonstrated a 23 decrease of accidental deaths of children from firearms. (3)

School Massacres
The massacres that have occurred at schools have prompted questions on the responsibility of parents and the society at large, to stop these incidents from happening. Often, these questions have ended in shifting the blame on both parents and the society. But in essence, both parties are to blame for the shootings that have occurred in schools and therefore, they both play a significant role in ensuring that they do not happen.

In trying to demonstrate how the society is responsible, Webber argues that many studies on the causes of adolescent violence have put much emphasis on understanding the rational basis of school violence, yet it is hardly clear what rationality has to do with any of the school shooting incidents without pointing at a rationale, which the public affirms. These studies are based on the reasons students are giving for committing the violent acts and due to that, they are invariably led to control for other factors in the violent acts, including the location of the institution, the identity characteristics of the actors and their interplay and the focus of the object of the violence. (33)

Webber concludes that school violence can best be understood through rational perspectives and because any offense can be apportioned a rational justification, the problem lies with the value-system that underscores the culture and society in which the child lives. This social interaction perspective brings forth a merge of a pattern to violent behavior, which stems from the negative impact of violent culture in the sense that adolescent behavior predictably mirrors the cultural symptoms. Consequently, the only way to change such behavior is to change the value-system. (33)

On the other hand, parents too have a responsibility to ensure that children are kept away from firearms. Bernstein observes that the weapons that children use at school often come from their homes. Many times, their homes appear to be normal from outside yet they are usually dysfunctional. For instance, an uncontrolled conflict between siblings can cause tremendous anger in a child, which the child could express outside their home, mostly at school. The parents of such children often do not know what their children are doing. These children come from homes where everyone keeps to themselves and there is little communication between the family members. Their parents are mostly inconsistent in playing the parenting role, thereby further angering their children. This frustration builds hatred in the child and heshe feels justified to vent it out through firearm violence. (89)

Bernstein offers that the most effective way of preventing school shootings is by involving both parents and teachers parents must be closely involved in the lives of their children they need to be honest with their children and provide support if they spot any sign of maladjustment on their children. And on the other hand, schools should have zero tolerance for any violent acts, providing the consequences routinely. (89)

Obama on Gun Control
President Obama has signed a number of gun laws, which have unruffled the feathers of anti-gun advocates. According to Chapman in Reason.com, an online magazine, Obama has signed a law that permits for guns to be taken into national parks. Besides, he signed another law that allows guns as checked baggage on Amtrak and he has also acted to preserve an existing law that limits the use of government information on the firearm it has traced. And this goes a long way in demonstrating that Obamas administration has tremendous respect for the Second Amendment.

Carrying Firearms for Protection
The carrying of firearms for protection has become a necessity in todays American society and this is for a number of reasons. As mentioned by Benson (1986), any dismal performance of law enforcers invariably results into a rise in violent crimes. An increase in criminal activities today doesnt only point to police inability to tackle crime but also the necessity for self-protection. In essence, the general public is of the idea that crime is on the rise and people are now reacting to this concern. If anything, the firearms that are used by private citizens brings with it a number of security advantages one of which being that this helps to deter crime. (75-77)