Union Budget Review free essay sample

Indian corporations that rarely ventured out of India suddenly started investing all over the world and even in some industrialized countries. The globalization of India has given rise to new opportunities but it has also brought with it new challenges and responsibilities. Every time there is a major financial crisis anywhere in the world, there is need to take brace position. And, in turn, the rise and fall of India’s growth rate has an impact on global growth and there is need for India to take this responsibility seriously. The brewing trouble of Euro-zone Debt Crisis is posing a threat to global economical growth and seriously questioning the recovery strategies of various developng economies around the globe. APPROACH TO THE BUDGET For Indian economy, recovery was interrupted 2011-2012 year mainly due to intensification of debt crises in Euro zone, political turmoil in Middle East, rise in crude oil price and earthquake in Japan. We will write a custom essay sample on Union Budget Review or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page GDP is estimated to grow by 6. 9 per cent in 2011-12, after having grown at 8. 4 per cent in preceding two years. India however remains front runner in economic growth in any cross-country comparison. One side, the approach of the last rear budget was mainly to sustain the economic growth, on the flip side the monetary policy was tight and aimed at taming domestic inflationary pressure. Growth moderated and fiscal balance deteriorated due to tight monetary policy and expanded outlays. Indicators suggest that economy is turning around as core sectors and manufacturing show signs of recovery. At this juncture, for the 2012-2013 budget it is prudent to embrace hard decision to improve macroeconomic environment and strengthen domestic growth drivers. If India can build on its economic strength, it can be a source of stability for world economy and a safe destination for restless global capital. â€Å"Effective Revenue Deficit† and â€Å"Medium Term Expenditure Framework† statement are two important features of amendment to FRBM Act in the direction of expenditure reforms. * Effective Revenue Deficit is the difference between revenue deficit and grants for creation of capital assets. This will help in reducing consumptive component of revenue deficit and create space for increased capital spending. Some subsidies, while being inevitable, may become undesirable if they compromise the macroeconomic fundamentals of economy. Endeavour to scale up and roll out Aadhaar enabled payments for various government schemes to ensure that fruits of subsidy reach the needy sections   Early Enactment of DTC Code. GST network to be set up as a National Information Utility and to become operational by August 2012. At least 51 per cent ownership and management control to remain with Government.Proposal for FDI in multi-brand retail up to 51 per cent. * Various steps proposed to be taken for deepening the reforms in the Capital markets, including simplifying process of IPOs, allowing QFIs to access Indian Bond Market etc. * Various Legislative Reforms like The Pension Fund Regulatory and Development Authority Bill, The Banking Laws (Amendment) Bill and The Insurance Law (Amendment) Bill are initiated. More sectors added as eligible sectors for Viability Gap Funding under the scheme â€Å"Support to PPP in infrastructure†. * National Manufacturing Policy announced with the objective of raising, within a decade, the share of manufacturing in GDP to 25 per cent and creating of 10 crore jobs Transport: Roads and Civil Aviation * Direct import of Aviation Turbine Fuel permitted for Indian Carriers as actual users. * ECB to be permitted for working capital requirement of airline industry for a period of one year, subject to a total ceiling of US $ 1 billion.

A Short History of Violent Buddhism

A Short History of Violent Buddhism Founded around 2,400 years ago, Buddhism is probably the most pacifistic of the major world religions. Siddhartha Gautama, who reached enlightenment and became the Buddha, preached not just non-violence toward other human beings, but non-harming of all living things. He said, As I am, so are these. As are these, so am I. Drawing the parallel to yourself, neither kill nor convince others to kill. His teachings stand in stark contrast to those of the other major religions, which advocate execution and warfare against people who fail to adhere to the religions tenets. Dont Forget, Buddhists Are Only Human Of course, Buddhists are human beings and it should come as no surprise that lay Buddhists over the centuries have sometimes marched out to war. Some have committed murder, and many eat meat despite theological teachings that stress vegetarianism. To an outsider with a perhaps stereotypical view of Buddhism as introspective and serene, it is more surprising to learn that Buddhist monks have also participated in and even instigated violence over the years. Buddhist Warfare One of the most famous early examples of Buddhist warfare is the history of fighting associated with the Shaolin Temple in China. For most of their history, the monks who invented kung fu (wushu) used their martial skills mainly in self-defense; however, at certain points, they actively sought out warfare, as in the mid-16th century when they answered the central governments call for aid in the fight against Japanese pirates. Tradition of Warrior-Monks Speaking of Japan, the Japanese also have a long tradition of warrior-monks or yamabushi. During the late 1500s, as Oda Nobunaga and Hideyoshi Toyotomi were reunifying Japan after the chaotic Sengoku period, most of the famous temples of warrior monks were targeted for extermination. One famous (or infamous) example is the Enryaku-ji, which was burned to the ground by Nobunagas forces in 1571, with a death toll of about 20,000. The Tokugawa Period Although the dawn of the Tokugawa Period saw the warrior-monks crushed, militarism and Buddhism joined forces once more in 20th century Japan, before and during the Second World War. In 1932, for example, an unordained Buddhist preacher called Nissho Inoue hatched a plot to assassinate major liberal or westernizing political and business figures in Japan so as to restore full political power to Emperor Hirohito. Called the League of Blood Incident, this scheme targeted 20 people and managed to assassinate two of them before the Leagues members were arrested. Once the Second Sino-Japanese War and World War II began, various Zen Buddhist organizations in Japan carried out funding drives to buy war material and even weapons. Japanese Buddhism was not quite so closely associated with violent nationalism as Shinto was, but many monks and other religious figures participated in the rising tide of Japanese nationalism and war-mongering.   Some excused the connection by pointing to the tradition of samurai being Zen devotees. In Recent Times In more recent times, unfortunately, Buddhist monks in other countries have also encouraged and even participated in wars - particular wars against religious minority groups in predominantly Buddhist nations. One example is in Sri Lanka, where radical Buddhist monks formed a group called the Buddhist Power Force, or B.B.S., which provoked violence against the Hindu Tamil population of northern Sri Lanka, against Muslim immigrants, and also against moderate Buddhists who spoke up about the violence. Although the Sri Lankan Civil War against the Tamils ended in 2009, the B.B.S. remains active to this day. Example of Buddhist Monks Committing Violence Another very disturbing example of Buddhist monks inciting and committing violence is the situation in Myanmar (Burma), where hard-line monks have been leading the persecution of a Muslim minority group called the Rohingya. Led by an ultra-nationalist monk called Ashin Wirathu, who has given himself the bewildering nickname of the Burmese Bin Laden, mobs of saffron-robed monks have led attacks on Rohingya neighborhoods and villages, attacking mosques, burning homes, and assaulting people.  Ã‚   In both the Sri Lankan and Burmese examples, the monks see Buddhism as a key component of their national identity. They consider any non-Buddhists in the population than to be a threat to the unity and strength of the nation. As a result, they react with violence.   Perhaps, if Prince Siddhartha was alive today, he would remind them that they should not nurture such an attachment to the idea of the nation.

The Ethical Theories of Punishment Essay Example | Topics and Well Written Essays - 2500 words

The Ethical Theories of Punishment - Essay Example These ethical theories of punishment, based on principles of reciprocity, the potential of human transformation and grace come into conflict with one another because of the differences in the intentions in imposing punishment as well as the effects of the punishment. Ethical considerations regarding punishment are of major consequence since its policies infiltrate into and guide all the systems of government: legislative, judicial and executive. The primary objective of punishment is to preserve law and order in society. It is a method implemented and harnessed by an authority to keep a level of stability in society. The moral barometer of society is most often directed according to the decisions taken by legislators and interpreted by the judiciary. Legally, punishment governs the justice and penal systems in which persons offending the law are brought to justice. The justice and penal systems are integral since human rights must be protected and maintained within these institutions , not only by men, but also by a divine figure. The administration of retributive justice by deity is a concept as old as time immemorial and  has been corroborated by our modern justice system. In classical Greece, retributive judgment had religious significance so that the Greeks even had a goddess, Nemesis, which personified and delivered retribution to her followers (Littleton 960). Nemesis is often depicted carrying a pair of scales to demonstrate fairness and inflicted punishment based on the indignation of the gods at particular crime or hubris. Not only in Greek religion but in every religion, there is a mandated form of justice or vengeance for contraventions of the law. Indeed, the goddess Lady Justice stands before major courthouses  and  Departments of Justice as the dispenser of punishment. Retributive punishment is the brand of punishment retaliatory in nature. Retribution dictates that offenders of the law must face a penalty for their attack on another. The pur pose of retribution is to have the guilty party suffer for a wrong committed and â€Å"provides limits that the punishment fit the crime† (Natarajan 75). The letter of the law imposes a cost on the part of the transgressor of the law in which the ancient retributive principle of â€Å"an eye for an eye† comes into effect. Retributive punishment places the fault of the crime squarely on the shoulders of the offender. In other words, you do the crime, you do the time. Society has instituted and leaned on a penal system for ages as a means of restraining offenders from threatening law-abiding citizens. Retributive punishment constitutes â€Å"one of those infringements of the holy will of God in society which can claim a formal legitimacy† (Bedau 439). Hence, one sees that present-day punishment is derived from a legacy of retributive justice. Retributive punishment follows the ethical principle of â€Å"an eye for an eye†¦- the amount of punishment is propor tioned to the degree of his responsibility† (Wood 635). In other words, punishment has to be tantamount to the offense. Taken from the Mosaic law, this law signifies that in penal law, offenders’ punishment has to be weighed alongside the crime. The penal system is to a large extent governed by this rule because of religious history and transferred values. Also, the natural reactive attitudes inherent to man compel him to reciprocate an injury done. Standards are set so that judge and jury sentence miscreants

Research Paper for Financial market Example | Topics and Well Written Essays - 3750 words

For Financial market - Research Paper Example The opinions of these individuals range from over-leveraging of the financial products and excessive risk-taking by banks to unjustifiable executives bonuses and salaries and the lack of sufficient regulation of the money and capital markets. It is important to provide an overview of the causes of the economic hardships that prevailed following the Great Recession which began in 2007. This paper is focused on analyzing the causes of the 2008 financial crises with a view of avoiding decisions that associated with negative economic impacts, such as the collapse of the largest financial institution prior to 2008 (Lehman Brothers); the collapse of the Lehman Brothers on September 2008 resulted in the loss of significant investments, jobs and substantial effects on the general performance of the economy (Quirk 31). The subprime mortgages are classified as risky mortgages due to the high probability of defaulting on the loan payment by mortgage borrowers; on the other hand, the prime mortgage is considered less risky mortgage since the borrowers are unlikely to default on the loan payment. The subprime mortgages are considered by a majority of lenders as profitable given the fact that they are associated with high levels of high-interest rates; however, the borrower is likely to fail to meet the periodical payments and the total sum of the loan. The period prior to the financial crisis of 2008, there was an increased competition among the mortgage lenders that saw a number of these players relaxed the underwriting standards to experience increased profits and significant market share (Weber 159). In this respect, there was a tendency by a majority of the mortgage lenders to lend subprime mortgages (risky mortgages) among borrowers with low level of creditworthiness. The lending of the risky mor tgages was notable among mortgage lenders between 2004 and 2007; this

Ethical Concerns and Background for Tobacco Companies Essay

Ethical Concerns and Background for Tobacco Companies - Essay Example The purpose of this paper is to discuss and analyze the unethical actions of the tobacco industry. Cigarettes are one of the most addictive drugs in the world due to the fact that it contains nicotine. People that smoke cigarettes are slowing killing themselves since smoking causes lung cancer, heart diseases, and stroke among other diseases. Cigarette smoking causes the death of approximately 5 million per year and the number of yearly deaths is expected to climb to 8 million by the year 2030 (Cdv, 2012). The ethnic group that smokes the most in the United States is Indian Americans possibly due to the fact that tobacco smoking has been ingrained into their culture. One of the most unethical aspects about cigarette companies is the fact that people that do not smoke are at danger due to second hand smoking. It is estimated that 53,800 innocent people die each year from second hand smoking (No-smoke, 2012). The tobacco companies are willingly producing a product that puts at risk the health of the entire global population. Tobacco companies are generating billions of dollars in revenues, but the industry is not accountable for the damage it causes to society. The governments of all 210 countries around the world are suffering a major financial blow due to the actions of this unethical industry. It is estimated that the tobacco industry is costing society $193 billion a year in lost productivity and health care expenditures. Everyone suffers from this epidemic due to the fact that the medical expenses of ill people that suffer from lung cancer and other diseases caused by smoking are passed on to the payers of medical plans. The United States has one of the highest medical costs in the world. Since tobacco smoking does not discriminate between smokers and non-smokers nobody is safe. Tobacco smoking is extremely dangerous in certain demographic groups such as minors and pregnant women. Usually under age teenagers try cigarette smoking for the first time during hi gh school. Due to the addiction of the drug people that smoke early in life are more susceptible to becoming lifetime smokers. Some of the health problems caused by tobacco smoking among children and teens include coughing spells, frequent headaches, respiratory illnesses, reduced physical fitness, shortness of breath, and addiction to nicotine (Cancer, 2012). Adults that smoke should try to avoid smoking around children. Smoking is extremely dangerous for women that are pregnant. Smoking is harmful to the pregnant women and the unborn baby. Babies that are born from pregnant women that smoke are more likely to have birth defects and premature pregnancies. Pregnant women should also avoid being near smokers during pregnancy due to the fact that second hand smoking can also hurt the unborn child. One of the reasons that that tobacco companies are so powerful is due to the fact that governments place hefty taxes on the sale of cigarettes. In 2006 in the United States the government wa s generating $2 in taxes for every box of 20 cigarettes sold (Axdor, 2006). The government has become dependent on the tax revenues generated by cigarettes. Tobacco companies have also over their history utilized questionable advertising tactics. Their promotions make it seem as if smoking is something cool and safe when in reality it is a heath hazard. The time has come for the world to take a stronger stance

Structure of the judiciary power

Structure of the judiciary power Introduction Every society in the human history confronted the question of how disputes should be resolved. Independence of the judiciary is the principle that the judiciary should be politically insulated from the legislative and the executive power. Courts should not be influenced by the other branches of government. Different nations deal with the idea of judicial independence through different means of judicial selection. An independent judicial branch is one of the main guarantees of democratic system of government and it ensures the rule of law so that it is free from outside influences and judges can render cases only due to the law and facts. The importance of the independent judicial system in England were established in the beginning of 11th century, when William The Conqueror come to throne in 1066 and had started settling new laws in the whole England (today is known as Common Law) and also had fixed by The doctrine of the separation of powers. Whereas, In Kazakhstan legal system the Judicial power as the legal category is rather new. On 30th August 1995 on the basis of the Declaration of Independence the Constitution of The Republic of Kazakhstan had been accepted and it covered the initial principles and appointments of independence of judges (The Constitution of The Republic of Kazakhstan, 1995). Firstly, I would like to return to the past of the UK to observe the formation way of the power structure, which we have today. The ideas based on a modern principle of division of the authorities, for the first time was expressed by Aristotle, in his fourth book named, Politician. He formulated the idea of separating the power in the state on three parts: legislative, official, judicial; each of the authorities should be represented by the separate body. The further development of the theory of division of the authorities is bound to John Lock and Charles Louis Montesquieu, who have carried out the most thorough working out of this principle. Later on, by the end of 18th and the beginning 19th century, the principle of division of the authorities was recognised in many states. Next paragraph separately exposes the origin ways of each power branch in the UK. The Parliament The British Parliament is one of the oldest parliaments in the world. It is often named foremother, but in my opinion it would be more exactly to call it forefather of all parliament systems in the world, and it continues to function throughout the whole political history of the country since the second half of 13th century. Formation and development of The British Parliament occurred during XII and XV centuries. Considerable value of this long process traditionally was attracted by a crown of the higher nobility to the decision of the state, affairs monarchy going back to its origin. Meetings of the Kings vassals, from the middle of XII century, became an obligatory part of the state life and they were the historical beginning of the class representations. The ancestor of legislative system of England was the Curia Regis (the council of tenants-in-chief) it was created by William The Conqueror, who brought to England the feudal system from his native Normandy after the Norman conquest in 1066, and was granting land to his most important military supporters, further the supporters were granting that land to their own supporters thereby creating feudal hierarchy of England. Eventually this council has developed into the Parliament of England, and now includes the head of the state (monarch), chamber of lords (historically chamber of the nobility and the higher clergy) and the House of Commons (historically chamber of commoners). The Monarch and Government Formation of strong English government begun in the beginning of 12th century when English people were victims of intestine wars and feudal anarchy. This severe historical experience had definitively convinced English people that nothing but the strong central power and the wide state organisation can serve for them against those harms. Reducer of the reeled English state order was Henry II Plantagenet (years of board 1154-1189). During Henrys reformatory activities people against feudal lords joined him and it can be said that absolute monarchy formation in England begun with him. The restrictions of the monarchs power began being introduced in the beginning of the 13th century, when the English nobility forced King John to recognize the certain document named, Magna Carta. The constitutional monarchy in that way we see it today, has developed and has become stronger in 18th and 19th centuries when function to administer the affairs of the state has passed to the Cabinet which were appointed from elective parliament. The Cabinet has arisen before the bourgeois revolution of 17th century on the basis of secret council, as the narrow board helping the king to quickly solve the important problems of the government. At first this body completely depended on the monarchy. Further, by the end of 18th century and the beginning of 19th century, it was ceased to be a subsidiary organ of the Royal management and should lean against Parliament support. As the result by that time it started being recognised that the Cabinet should have the majority of voices in Parliament and the head of it should be the Prime minister. The Legislative If the legislative and executive powers are assigned on the exactly higher state body then the judicial power is much more difficult. It is assigned to set of judicial bodies from the local Supreme. Each judicial body is independent and it has own place in the system, resolving concrete affairs absolutely independently. The todays judicial power of England has arises from 1178, when Henry II appointed five members of his personal household to hear all the complaints of the realm and to do right, however the role of the Lord Chancellor was still formal and judgements were a prerogative of the King. Such situation had been existing till Glorious Revolution, the acceptance of the Bill of Rights in 1689 and the Act of Settlement in 1701. After those changes the power of the monarch was essentially limited and courts received independence and leadership of the law. The doctrine traditionally demands separate of powers, that the state system of the power must be divided into three branches and each branch is not only supplemented by two others, but also could be balance. As I said above, the judicial power became independent from executive, legislative and Royal powers when The Bill of Rights 1689 was introduced. According to the Bill the monarch was deprived to a duty to support and supervise judicial system, and the right of the Queen was only to dismiss judges on ministerial council. However, until recent time the principle of separate of powers in the Great Britain was not completely observed. So that the Lord Chancellor being the head of the judicial power in the Great Britain simultaneously was the member of the Cabinet and a member of Lords chambers. Moreover, the Lord Chancellor was appointed to the post by the Queen on representation of the Prime Minister. In July 2003, Tony Blairs government tried to make radical changes to a judicial branch of the power and declared plans to cancel a post of the Lord Chancellor to abolish the system of Law Lords and to replace it with separate Supreme Court. These plans caused considerable contradictions, and finally, Prime Minister decided to change, instead of cancelling an ancient role of the Lord Chancellor. Reform of the role of the Lord Chancellor has started the process of separating his various duties making clear distinction between the government, Parliament and the judicial power. Kazakhstan 16 December 1991, the Parliament of the on the Republic declared the independence of the Republic of Kazakhstan and the Republic Kazakhstan was formed. During the period 1991-1995, the political system and Constitutional legislation of the Republic were formed. The first Constitution of sovereign Kazakhstan was adopted in January 1993. Being to some extent a compromise between the old and new political systems, reflecting attempts to introduce into the post-Soviet context a western democratic model, this Constitution initially contained some contradiction which occasionally took the form of unnatural opposition and resistance of power. As a result of the Referendum held on 30 August 1995, a new Constitution of the Republic of Kazakhstan was adopted, eliminating the shortcomings of the former constitution. The new Constitution established a Presidential Republic, and solved rationally the problem of divided responsibilities among different branches of power, while also welcoming changes to the market system. According to Article 3 of the Constitution states that the state power in the Republic of Kazakhstan is unified and executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and a system of checks and balances that governs their interaction. The legislative branch comprises Parliament of the Republic of Kazakhstan (the Senate and the Majilis). The executive branch comprises the Cabinet of Ministers, state committees, others central and local executive bodies of the Republic. The judicial branch comprises the Supreme Court and Constitutional Council and local courts (regional, district and others). The President of the Republic of Kazakhstan is the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing Kazakhstan within the country and in international relations. He shall ensure by his arbitration concerted functioning of all branches of state power and responsibility of the institutions of power before the people. (Art. 40 of the Constitution). The President is elected every seven years on the basis of universal suffrage. One and the same person may not be elected the President of the Republic more than two times in a row. Nursultan Nazarbaev has been the President of the Republic of Kazakhstan since 1 December 1991. Parliament The highest representative body of the Republic of Kazakhstan is the bicameral Parliament. According to the Presidents Decree having force of Constitutional Law  «On elections in the Republic of Kazakhstan » (1995) the parliament will consist of two chambers the Senate and the Majilis and work on professional base. Parliament at a joint session of the Chambers: introduces amendments and makes additions to the Constitution; adopts constitutional laws, approves the republican budget, the reports of the Government, and the Accounts Committee about its implementation, and introduces changes into the budget; conducts a second round of discussion and voting on the laws or articles of the law; hears the report of the Prime Minister on the Governments program and approves or rejects the program and annual messages of the Constitutional Council of the Republic on the state of the constitutional legality in the Republic or reports on the activity of the commissions; decides issues of war and peace; adopts a decision concerning the use of the Armed Forces of the Republic to fulfill international obligations in support of peace and security at the proposal of the President of the Republic; puts forward an initiative calling for an all-nation referendum; exercises other powers assigned to Parliament by the Constitution. The Government The Government is appointed by the President and accountable to the Parliament. It implements the executive power in Kazakhstan, heads the system of executive bodies and exercise supervision of their activity. Judicial Authority Justice in the Republic of Kazakhstan is exercised only by the court. The judicial system in the Republic consists of the Supreme Court Republic of Kazakhstan, the highest judicial body, and regional, district, town, and city courts. (Art.75) The Supreme Court of the Republic of Kazakhstan shall be the highest judicial body for civil, criminal and other cases which are under the courts of general jurisdiction; exercises the supervision over their activities in the forms of juridical procedure stipulated by law, and provide interpretation on the issues of judicial practice. The chairman of the Supreme Court is the judge and is appointed to the post by the President with the consent of the Senate of Parliament of the Republic of Kazakhstan. Independence of the judicial power in Kazakhstan completely based on the Constitution and the Constitutional Law named, About courts and the status of judges, and the guarantor of the constitution is the President. However, the theory of division of the authorities does not assume creation of the Chinese wall between various branches of the power. That is also impossible, as their interaction and interdependence are the questions of uniform institutes and the government shall be necessarily differentiated from its branches, generating an interlacing of some elements. The general meaning of the modern legal doctrine are the connection of ideas of unity and division of the authorities, their interactions and system of controls and counterbalances. Such understandings are reflected in the newest constitutions. The most distinctive expression is the point 4 of article 3 of the Constitution of Republic Kazakhstan of 1995 which says: the Government in Republic Kazakhstan is uniform, is carried out on the basis of the Constitution and laws according to a principle of its division into legislative, executive and judicial branches and their interactions among themselves with use of system of controls and counterbalances. Basically the Kazakhstans and English models of the judicial power are very difficult to compare moreover they are based on various legal foundations. English system of the Right is based on judicial precedent and actually courts of England create laws. In Kazakhstan the system is based on the code system of the right, such as the constitution, the constitutional laws, codes etc., and the Kazakhstan courts in contrast to English courts do not have the legislative initiative. It is believed that the judicial power is the weakest branch and it does not lean against wish of voters as the legislature, has no power for compulsion as the Executive. The force of the judicial power is in respect from the civilised society to the right and court. Here again we can see considerable distinctions. In that number, and in relations of other branches of the power both judicial in England and Kazakhstan. The execution institute of court decisions in England is so accurate also punishment for default so serious, that the practical excludes concept  «default of the decision of court » and communication with what, the authority of the judicial power is indisputable. Since independence Kazakhstan has undertaken huge efforts for a raising of courts authority, however corruption and a principle of the telephone right create for this purpose very big obstacles. Also I would like to stop in detail on the status English of judges put in English statutes. According to this statutes judge are appointed for life. In Kazakhstan the similar norm of the law does not exist. And although the legal judge is appointed to the post and dismissed by the President of Republic, the nonflexible system of estimations of activity of the judges allow to the chairman of courts easily release the judges who was not undesirable to him.

Is It Proper to place someone in jail for a seatbelt violation Essay

  Ã‚  Ã‚  Ã‚  Ã‚  States across the nation have seat belt laws in place that make it a requirement for drivers and passengers in vehicles that are being operated on public streets to wear some sort of safety belt. In 1998, 41,471 people were killed in 6,334,000 reported motor vehicle accidents in the United States. Seat belts are estimated to save 9,500 lives each year, and statistics show a higher degree of seat-belt use in states that aggressively enforce seat belt laws. The laws, as well as the punishments available for violation of the laws vary by state. In most states, however, it is considered a misdemeanor and punishable by a small fine. The properness of an arrest for such violations is a good question and has been addressed by various courts including the Supreme Court.   Ã‚  Ã‚  Ã‚  Ã‚  In North Carolina, the â€Å"Click It or Ticket† program was put into place in 1993 by former Governor Jim Hunt to increase safety belt and child safety use rates through stepped up enforcement of the state’s safety belt law. According to North Carolina’s safety belt law all drivers and front seat passengers over the age of 16 are required to wear safety belts. Children less than age 16 are covered under the North Carolina Child Restraint Law. This law requires that children must be buckled up no matter where they are seated in the vehicle. Violators of the safety belt law are issued tickets and are subject to a fine of $25 plus $50 court costs. These violations have been defined as â€Å"infractions† and are not entered on driving records. In addition to this, effective January 1, 2005, any child less than 8 years old or 80 pounds in weight must ride in a booster seat. Violations of this law will result in a $25 fine plus court costs a s well as having 2 points placed against driver’s license. However, drivers cited for this violation of this law for a 5,6, or 7 year old will be able to have the charges dismissed if they present proof to the court that they have acquired an appropriate restraint for that child. Statistics have been gathered on safety belt use since this program began and has shown that seat belt use has increased from 65 percent to 84 percent. It has also shown that fatal and serious injuries in North Carolina have been cut by 14 percent. Resulting in a savings of at least $135 million in health care related costs. Other positive ef... ...rrests for all sorts of relatively minor offenses unaccompanied by violence, including, among others, night walking, unlawful game-playing, profane cursing, and negligent carriage-driving. The Supreme Court has acknowledged that the court has had little to say about warrantless misdemeanor arrest authority; however in what little they have said they have focused on the circumstance that an offense was committed in the officer’s presence, to the omission of any reference to a breach of the peace limitation.   Ã‚  Ã‚  Ã‚  Ã‚  It has been determined by the Supreme Court that it is proper to arrest someone for a violation of a seat belt law if it has been violated in the presence of an officer. All 50 states and the District of Columbia have statutes that permit warrantless misdemeanor arrests by at least some peace officers without requiring any breach of the peace. Because The â€Å"Click it or Ticket† program in North Carolina has served as a model for the nation and the Presidential Initiative for Increasing safety belt use Nationwide highly recommends that other communities adopt this program it appears as though safety belt laws will continue to exist for years to come. Is It Proper to place someone in jail for a seatbelt violation Essay   Ã‚  Ã‚  Ã‚  Ã‚  States across the nation have seat belt laws in place that make it a requirement for drivers and passengers in vehicles that are being operated on public streets to wear some sort of safety belt. In 1998, 41,471 people were killed in 6,334,000 reported motor vehicle accidents in the United States. Seat belts are estimated to save 9,500 lives each year, and statistics show a higher degree of seat-belt use in states that aggressively enforce seat belt laws. The laws, as well as the punishments available for violation of the laws vary by state. In most states, however, it is considered a misdemeanor and punishable by a small fine. The properness of an arrest for such violations is a good question and has been addressed by various courts including the Supreme Court.   Ã‚  Ã‚  Ã‚  Ã‚  In North Carolina, the â€Å"Click It or Ticket† program was put into place in 1993 by former Governor Jim Hunt to increase safety belt and child safety use rates through stepped up enforcement of the state’s safety belt law. According to North Carolina’s safety belt law all drivers and front seat passengers over the age of 16 are required to wear safety belts. Children less than age 16 are covered under the North Carolina Child Restraint Law. This law requires that children must be buckled up no matter where they are seated in the vehicle. Violators of the safety belt law are issued tickets and are subject to a fine of $25 plus $50 court costs. These violations have been defined as â€Å"infractions† and are not entered on driving records. In addition to this, effective January 1, 2005, any child less than 8 years old or 80 pounds in weight must ride in a booster seat. Violations of this law will result in a $25 fine plus court costs a s well as having 2 points placed against driver’s license. However, drivers cited for this violation of this law for a 5,6, or 7 year old will be able to have the charges dismissed if they present proof to the court that they have acquired an appropriate restraint for that child. Statistics have been gathered on safety belt use since this program began and has shown that seat belt use has increased from 65 percent to 84 percent. It has also shown that fatal and serious injuries in North Carolina have been cut by 14 percent. Resulting in a savings of at least $135 million in health care related costs. Other positive ef... ...rrests for all sorts of relatively minor offenses unaccompanied by violence, including, among others, night walking, unlawful game-playing, profane cursing, and negligent carriage-driving. The Supreme Court has acknowledged that the court has had little to say about warrantless misdemeanor arrest authority; however in what little they have said they have focused on the circumstance that an offense was committed in the officer’s presence, to the omission of any reference to a breach of the peace limitation.   Ã‚  Ã‚  Ã‚  Ã‚  It has been determined by the Supreme Court that it is proper to arrest someone for a violation of a seat belt law if it has been violated in the presence of an officer. All 50 states and the District of Columbia have statutes that permit warrantless misdemeanor arrests by at least some peace officers without requiring any breach of the peace. Because The â€Å"Click it or Ticket† program in North Carolina has served as a model for the nation and the Presidential Initiative for Increasing safety belt use Nationwide highly recommends that other communities adopt this program it appears as though safety belt laws will continue to exist for years to come.