The uk authorities and the cfa criminal law and civil law The WritePass Journal

The uk authorities and the cfa criminal law and civil law Introduction The uk authorities and the cfa criminal law and civil law IntroductionBIBLIOGRAPHYRelated Introduction Insider dealing is considered to be legally and morally wrong by the UK authorities and the CFA. In UK, both criminal law and civil law cover the regulation for insider dealingï ¼Å'many investment analysts who are the members of CFA Institute behave under the CFA Code of Ethics and Standards of Professional Conduct. Before the description and effectiveness analysis of UK laws and CFA ethical rules which regulate insider dealing, it is necessary to discuss the reasons for regulating insider dealing. Although there are many arguments and reasons against regulation, it is generally acknowledged that insider dealing is detrimental to common investors, listed companies and stock market. Firstly, stock market is a just, fair and open market, but insider dealing violates this essential principle. With a convenience access to insider information, some use the information to trade in the market, it is not fair for other investors without access to insider information; Insider dealing makes the few profitable and the great majority unprofitable, it is not just; Insider information is not public and open for every investors. Secondly, insider dealing causes losses for investors by misleading them. To some extent, this would discourage investment by undermining investor confidence in stock market and even scare investors away. Thirdly, insider dealing does incalculable harm to reputation and market value of company. When a company scandal of insider dealing is exposed publicly, investors p robably believe that they have been treated unequally even cheated by this company, so investors will lose confidence in this company, causing damages to company reputation. Moreover, common investors lack of capital, time and professional skill, on purpose of risk reduction, they are willing to buy stock of the company with good reputation and without scandals of insider dealing. For the whole stock market, if there are no regulations for insider dealing, it cannot function normally and healthily, because investors will lose confidence in the fairness and profitability of stock market and then decrease and even stop doing transactions to prevent them from being victims of insider dealing. Finally, insider dealing may bring about moral hazard problem. Overall, there is no doubt that regulations for insider dealing are essential. In UK, insider dealing is regulated under the criminal law by Part V of the Criminal Justice Act 1993 (â€Å"the 1993 Act†). The structure of part V of â€Å"the 1993 Act† is shown below: Table of Contents of part V of â€Å"the 1993 Act†1 The offence of insider dealing 52. The offence. 53. Defences. Interpretation 54. Securities to which Part V applies. 55. â€Å"Dealing† in securities. 56. â€Å"Inside information†, etc. 57. â€Å"Insiders†. 58. Information â€Å"made public†. 59. â€Å"Professional intermediary†. 60. Other interpretation provisions. Miscellaneous 61. Penalties and prosecution. 62. Territorial scope of offence of insider dealing. 63. Limits on section 52. 64. Orders. S52 and S53 state the general definition of the offence of insider dealing, and in what circumstances, an individual who has information as an insider is (not) guilty of insider dealing. If an individual who has information as an insider, in the circumstances mentioned in subsection (3), deals in securities that are price-affected securities in relation to the information; encourages another person to deal in those securities; discloses the information to another person improperly, he is guilty of insider dealing.2 If an individual has information as an insider shows that he did not at the time expect the dealing to result in a profit; he believed on reasonable grounds that the information had been disclosed widely; he would have done what he did even if he had not had the information; he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3), he is not guilty of insider dealing.3 The sections of â€Å"Interpretation† expound the definition and explanation of several terms for the purposes of this Part. Briefly speaking, these sections tell us what are securities and â€Å"dealing† in securities mentioned in this part; what is â€Å"insider information† and information â€Å"made public†; who is â€Å"insider† and â€Å"professional intermediary†; interpretations of other terms such as â€Å"regulated market†, â€Å"issuer†, â€Å"company† and â€Å"public sector body†. S61 states the penalties for an individual guilty of insider dealing: on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.4 It also states that proceedings for offences under this Part shall be instituted in England and Wales by or with the consent of the Secretary of State or the Director of Public Prosecutions.5 S62 states that an individual is guilty of an offence of insider dealing if: he was within the United Kingdom at the time of alleged dealing; the regulated market on which the dealing is alleged to have occurred is regulated in the United Kingdom; the professional intermediary was within the United Kingdom at the time of the offence committed; the alleged recipient of the information or encouragement was within the United Kingdom at the time of receiving the information or encouragement.6 In UK, the system of civil law of insider dealing involves legislations of â€Å"Financial Services and Markets Act 2000(FSMA)†, â€Å"The Code of Market Conduct of FSA (Financial Services Authority)† and â€Å"The Market Abuse Directive Instrument 2005 of FSA†. First of all, Part VIII of â€Å"FSMA† created the ‘civil offence’ of â€Å"market abuse† which includes insider dealing. According to Section 1 in Part I of â€Å"FSMA†, the body corporate known as the Financial Services Authority (â€Å"the Authority†) is to have the functions conferred on it by or under this Act.7 This means that â€Å"FSA† is the regulator of the financial services industry in the UK, given statutory powers by the Financial Services and Markets Act 2000. Part VIII of â€Å"FSMA† states the general definition of market abuse, and gives the authority power to prepare and issue a code containing such provisions as the Authority consi ders will give appropriate guidance to those determining whether or not behaviour amounts to market abuse,8 and to impose penalties in cases of market abuse. It also gives the authority power to investigate and court power to impose penalty in cases of market abuse. In the next place, â€Å"The Code of Market Conduct† given by FSA provides us the descriptions of different behaviours of market abuse. As the description stated in â€Å"The Code of Market Conduct†, insider dealing is where an insider deals, or attempts to deal, in a qualifying investment or related investment on the basis of inside information relating to the investment in question.9 In the sector of MAR 1.3 Market abuse (insider dealing), it provides several descriptions of behaviours and relevant factors and some examples of insider dealing, which give appropriate guidance to those determining whether or not behaviour amounts to insider dealing. Finally, about â€Å"The Market Abuse Directive†, â€Å"FSA† makes this instrument in the exercise of the powers and related provisions in relevant sections of the Financial Services and Markets Act 2000 and defining terms of market abuse. Overall, â€Å"FSMA† is a frame Act, and gives the power to â€Å"FSA† to publish the â€Å"Code on Market Conduct† which has been amended to implement the â€Å"Market Abuse Directive†. As a professional organisation, CFA Institute has issued self regulatory â€Å"Code of Ethics and Standards of Professional Conduct† for their members and candidates. In the first place, standard I (A) provides that members and candidates must understand and comply with all applicable laws, rules, and regulations of any government, regulatory organization, licensing agency, or professional association governing their professional activities. In the event of conflict, members and candidates must comply with the more strict law, rule, or regulation. Members and candidates must not knowingly participate or assist in and must dissociate from any violation of such laws, rules, or regulations.10 So the members and candidates of CFA in UK are responsible for understanding and complying with UK criminal law and civil law of insiderdealing. Next, standard II (A) provides that members and candidates who possess material nonpublic information that could affect the value of an investment must not act or cause others to act on the information.11 According to S56 of the â€Å"1993 Act†, the material nonpublic information that could affect the value of an investment is insider information, and according to S57 of the â€Å"1993 Act†, those members and candidates who possess insider information are insiders. Specifically, guidance for Standard II (A) gives members and candidates of CFA below contents for more attention. (1)Members and candidates must be particularly aware of information that is selectively disclosed by corporations to a small group of investors, analysts, or other market participants. Information that is made available to analysts remains nonpublic until it is made available to investors in general. Corporations that disclose information on a limited basis create the potential for insider trading violations.12 (2)Issues of selective disclosure often arise when a corporate insider provides material information to analysts in a briefing or c onference call before that information is released to the public. Analysts must be aware that a disclosure made to a room full of analysts does not necessarily make the disclosed information â€Å"public†. Analysts should also be alert to the possibility that they are selectively receiving material nonpublic information when a company provides them with guidance or interpretationof such publicly available information as financial statements or regulatory filings.13 (3) A financial analyst gathers and interprets large quantities of information from many sources. The analyst may use significant conclusions derived from the analysis of public and nonmaterial nonpublic information as the basis for investment recommendations and decisions even if those conclusions would have been material inside information had they been communicated directly to the analyst by a company. Under the â€Å"mosaic theory,† financial analysts are free to act on this collection, or mosaic, of inf ormation without risking violation.14 Part V of the Criminal Justice Act 1993 defines insider dealing as criminal offence, it is universally known that criminal offence is very severe illegal-activity, so to some degree just the existence of this criminal law of insider dealing can stifle some criminal offences of insider dealing. In event of insider dealing, this criminal would punish an individual who committed insider dealing to indirectly protect other investors without any compensation, but this indirect protection is not effectively enough. When control rights are concentrated, the restrictions may simply transfer profits from insiders to informed outsiders, leaving uninformed investors no better-off, unless the regulator ensures a concomitant improvement in investor protection standards.14 On the other hand, there are some problems and difficulties enforce this criminal law. First, insider dealing is happened in private and secret by just a phone call, a chat or something which do not leave any actual evidence, so if without effectively investigative techniques it is very difficult to detect or to collect evidence. Even though this can be done, the process will be costly. Moreover, for an individual who seriously committed insider dealing, fines and seven-year sentences is too light when compared with millions of pounds profit. UK civil law in some cases supplements criminal law, FSA can impose penalties of return of profit and restitution for those who can establish loss, but actually few victims can prove loss. CFA code of ethics and standards are self-regulations which have their own strengthens and weaknesses. There are six factors of self-regulation strengthen: flexibility, speed, expertise, acceptance, cost-efficiency, cross-border application, and of its weaknesses: contestability of markets, competitive distortions, insufficient scope, inadequate enforcement, regulatory arbitrage, conflicts of interest.15 Total word: 1912 (excluding word count, references, footnotes, endnotes, and bibliography) BIBLIOGRAPHY Part V of the Criminal Justice Act 1993 Part I of the Financial Services and Markets Act 2000 Part VIII of the Financial Services and Markets Act 2000 The Code of Market Conduct in Financial Services Authority Handbook Market Abuse Directive Instruments of Financial Services Authority CFA Study Session 1 Eva Hupkes, Journal of Business Law 2009 Regulation, self-regulation or co-regulation? Art A. Durnev and Amrita S. Nain, The Effectiveness of Insider Trading Regulation Around the Globe

Business Ethics Master Essay Example | Topics and Well Written Essays - 2000 words

Business Ethics Master - Essay Example Unfortunately, fast food can only be delivered fast if it is fried. This is because frying food in oil is the fastest way of cooking something, especially meat, which is preferred by most people. Secondly, fatty food tastes better. Fat itself has a lot of taste. The real magic of fried food tasting so good is not in the hands of the chef. There is no real secret ingredient. The only ingredient which everyone loves in their fast food is fat. This fat however has caused a bit of a dilemma though because even though it tastes excellent, it is full of saturated hydrogen compounds which are very difficult for our body to break down and digest properly. Hence, our body doesn't digest them when it's confronted with such large amounts of it. It merely deposits it in convenient places in our body, hence leading to obesity. Now this would have been relatively fine if it was only happening to the very busy Mr. Businessman. But the truth is, fast food has become the very thing to have at mealtim es. It's become not a thing to have just when you are running late, but as the only meal no matter who you are and which meal of the day you are having. Careless parents give their children loads of cash without bothering to ask where it is being spent, either on pornography, drugs or fast food. Hence children have become dependent upon it and fat being so tasty has become sort of an addiction for these children and they have completely switched from eating proper meals to eating fast foods whenever they feel hungry. In fact, marketing of such products have become so good and so persuasive that young employees and entrepreneurs are also on the same path. So who can blame the children They are only doing what they see going on around them. No warning, no label and not the tiniest hint of the truth. Marketing of fast food is going on so ferociously that for many marketing companies, the account of a corporate giant has become the swan song of the company which was once up in rompers. Ethical Theories The bottom line for every big cheese is always is that whatever they are doing is not unethical. Big corporations put a lot of effort and even more money in trying to make everything they do seem ethical, even if it involves tearing families apart and nailing small children on the wall. Utilitarianism This is one of the theories of ethics with a contrasting opinion of itself. It basically says that man is allowed to do anything as long as it is "for the greater good"1. This means that on one hand it's ok for scientists to make human clones then chop them up into pieces for their organs because apparently they will not be accepted into society as they are completely alienated from our experiences of life and they would come under better use if their organs are used to save "real" humans. On the other hand however, killing these clones might promote a feeling of neglecting the value of human life and our children who will grow up seeing this inhumane treatment will learn to value human life even less than the scientists and political figures do at present. Applying this to our topic, it is good for McDonalds to promote their Big Mac and for KFC to promote their version of packaged fat because they are serving the society by saving

Analysis for Isle of Wight Food Show Essay Example | Topics and Well Written Essays - 1500 words

Analysis for Isle of Wight Food Show - Essay Example Wiley Events has been the leading event organising company in the IOW. Micro-environment 1.1 The Isle of Wight (IOW) Food Show The IOW has organised the food show for the 3rd time, generally taking place in the first weekend of May. The IOW food show is jointly organised by Isle of Wight Tourism, Isle of White Chamber of Commerce, the Island Traders’ Association and Wiley Events. It is a two-day event taking place from 1pm to 6 pm. Entry to the festival is free as per the Needles Park pay per attraction policy. Exhibitors are charged ?200 for the services rendered to them. Venue of the food show is Needles Park, Alum Bay in the North West of the island. Various stakeholders to the food show include accommodation providers, event organisers, transporters, visitor attractions, the local council and DMO. 1.2 Wiley Events Wiley Events has been the leader in the line of bespoke event management since 2001. Teddy Toddington and Pippa Powell, the partners of Wiley Events carry 20 yea rs experience in event organising. Both are experts in their own right and divide job functions as per their acumen in different event management functions. Wiley is also into advisory role of offering consultancy services to other companies particularly in the areas of sales, operations and administration. 1.3 Isle of Wight Tourism There are 21 specific touring sites, as identified by tourism data. Caravan sites also organise touring and camping, capturing 8% visitors of the event market. Summer is the peak season of tourism in the IOW when occupancy rate is 80%, which reduces to 37% in the spring and 19% in the autumn season. There are 60 worth-seeing sites, as per the Attractions Mini-guide 2005 and places of interest could be 200, as taken from the Tourism Baseline Audit 2003. Macro-environment 1.4 The Isle of Wight – Tourism destination – economy, social, cultural trends, physical environment, business environment Measuring 23 miles by 13 miles, the Isle of Wight boasts of near about 2.6 million visitors each year with an approximate tourism spend of ?352 million a year, tourism being 24% of the Island’s GDP and the first tourism destination to encourage quality and supervised stay facility; Once reaching to the Isle of Wright, one finds the transport infrastructure fully customised for visitors’ comfort. Cultural trends include such events as Taste Festivals, which are held at various places to celebrate local culinary talent. Business environment is very competitive with the Isle of Wight remaining on the top by getting awards for organising festivals, just to name the winning of music festival as the ‘Best Major Festival’ while the award for ‘Best Medium Size Festival’ was cornered for the third year consecutively. Business on the island depends on the initiatives of the stakeholders to use tourism as a tool to re-energise the economy. Success in leveraging this tool can be doubtful if only the trad itional niche area of the tourism portfolio is given attention by focussing just on summer holiday customers and coach and school group market. To reap the benefit, investment on facility and quality staff provision is mandatory otherwise actual contribution of tourism in the local economy would slow down. Negative outcomes can appear in traffic snarls to the displeasure of local people and affecting environment and standard of living. Businesses won’t be able to expand to raise the quality benchmark. Public sector can withdraw support if any of the symptoms

Gambino Cleaning Products Salesman System Specification Essay Example for Free

Gambino Cleaning Products Salesman System Specification Essay A new system of calculating and reporting on cleaning products salesmen is to be designed and implemented. Cleaning products salesmen commission is based on a set of data which is the monthly sales of cleaning products sold by the salesmen. Objectives The new system must: * Be automated as far as possible, needing no thorough knowledge of spreadsheets, databases or any other software in order to operate it. * Have fitted controls to ensure precision and completeness of data input. * Take into account commission payments from monthly sales. * Print commission reports for each of the salesmen, and a summary report showing total paid to each salesman and overall total. * Include an option to delete commission records previous to a given date so that the file does not increase for an indefinite period. The proposed new system can be shown in a level 0 data flow diagram as follows: A level 1 Data Flow Diagram of the proposed system is as follows: User functions 1. The Commissioning Salesman in the Sales Department will be responsible for entering all details of new cleaning products salesman and new products. 2. An Accounts clerk will have special responsibility for the commission system. 3. The Accounts clerk will enter each month the sales of each product, giving quantity sold and gross sales value (i.e. quantity X cover price). 4. Every 6 months, the Accounts clerk will produce the Commission reports for each cleaning products salesman. This will show the commission that has been earned in the previous 6 months. A payment is then recorded and a cheque issued to each cleaning products salesman to whom commission is due, together with the Commission statement showing sales details, and the statement from the Accounts system the total amount due. Database specification Menu structure The many functions of the Commission System will be accessed by means of a front-end menu, which will have the following structure. The data model There are three main entities in this system related in the entity relationship diagram shown below. Because a many-to-many relationship cannot be applied in a relational database, an additional entity named Salesman/Product is introduced. The ERD can now be drawn as follows: The database for Gambino cleaning products salesman system specification will have the following tables: tblSalesman (SalesmanID, Surname, FirstName) tblProduct (ProductID, ProductName, SalesTeam, Price) tblSalesman/Product (ProductID, SalesmanID, StandardCommission, BonusCommission) tblSales (SalesNumber, ProductID, Date, QuantitySold, GrossValue) Name Type Meaning Range Where Used tblSalesman Table Salesman Table tblProduct Table Product Table tblSalesman/Product Table Salesman/Product Table tblSales Table Sales Table SalesmanID Text (5) Unique ID Primary key in tblSalesman Foreign key in tblSalesman/Product Surname Text (20) Salesmans Surname tblSalesman Firstname Text (15) Salesmans first name tblSalesman ProductID Text (5) Unique product code Primary key in tblProduct Foreign key in tblSalesman/Product ProductName Text (40) Product title tblProduct SalesTeam Text (40) All salesman who sell a product tblProduct Price Currency Product price tblProduct StandardCommission Number Percentage commission on each product sold 1-10 tblSalesman/Products BonusCommission Number Bonus percentage commission on each products sold 11-20 tblSalesman/Products SalesNumber Number 1=Standard commission 2=Bonus Commission 1 or 2 tblSales QuantitySold Number Number of products sold tblSales GrossValue Currency Data Dictionary Input Specification Three input forms will be required. frmProducts This will be used to enter product details. frmSalesman This will be used to enter details of a salesman and all products on which they receive commission. The commission percentages for each product will be entered in a subform of the main form. Validation methods: The Product ID will be selected from a drop-down list of existing Product IDs. Once a Product ID is entered, the product name will be automatically displayed. frmTransaction This form will be used to enter transactions. Validation methods: Only valid dates will be accepted. The Product ID will be selected from a drop down list of existing Product IDs. Once a Product ID is entered, the product name will be automatically displayed. Selecting a radio button so that only a valid alternative can be selected will choose the transaction type. Process Specification Commission Calculations To calculate the commission for a given transaction, a query has to be performed to combine attributes from tblTransaction, tblProduct, tblProduct/Salesman and tblSalesman. The calculation of the commission is performed as follows: If TransactionType = 1 (i.e sales) ThenRate = StandardCommissionRate ElseRate = BonusCommissionRate endif Amount = Rate * GrossValue These processes will be carried out in qryCommission. This query will be the source of both the commission report and the summary report. Maintenance Each year, transactions prior to a given date will be removed from tblTransactions. This prevents the transaction file from becoming too large and slowing down the system. The maintenance will be carried out as follows: Run a Delete query to delete records from tblTransaction. Test Plan Tests will be carried out using valid and invalid data and data at the extremes of acceptable values.

Free Hamlet Essays: The Downfall of Hamlet :: Shakespeare Hamlet Essays

The Downfall of Hamlet There are many reasons why Hamlet had his downfall. One being his decision to keeping the murder of his father a secret. Another one being the betrayals of his closest friends. Perhaps if Guildenstern or Rosencrantz had been there for Hamlet, to rely and place trust upon, he might not had to fell so alone. A little sympathy from his girlfriend Ophelia, and even his mother Gertrude would have been nice as well. Unfortunately Ophelia is held back from Hamlet, due to her father. Gertrude marries his uncle Claudius, who is responsible for his fathers death, and is looking to kill him next. And Guildenstern and Rosencrantz are ordered by Claudius to spy on Hamlet, and betray him as a friend. How Gertrude can marry the brother, and murderer of her deceased husband beats me! How she got re-married so quickly after the death, and without even consulting with her son Hamlet just proves how much of an ugly person she really is. "Thrift, thrift, Horatio. The funeral baked meats did coldly furnish forth the marriage tables."( I;ii; 180-181). What beats me is how even after Hamlet told his mother that Claudius was responsible for his fathers death, she still decided to stay with him. Which is absolute proof of how self centred she is, and how much her son means to her. "A bloody deed almost as bad, good mother, as kill a king, and marry his brother."( III;iv;29-30). Hamlet, now having no blood family left to lean on, finds himself feeling very alone. But cannot see his downfall coming. For Guildenstern and Rosencrantz to betray Hamlet the way they did is utterly despicable. Especially considering that their taking the orders from Claudius. Claudius turns out to be quite a good lire, and shows his skill of being able to manipulate people, into doing what he wants. "Welcome, dear Rosencrantz and Guildenstern. Moreover that we much did long to see you, the need we have to use you did provoke our hasty sending". ( II;ii; 1-4). Since Rosencrantz and Guildenstern spied on Hamlet, and brought back the fact that he is mad to Claudius. Claudius could then figure out Hamlet’s next move, and counter act it with his own. " Was not like madness. There’s something in his soul." ( III; i; 161). If Claudius hadn’t had Guildenstern or Rosencrantz to aid him in his efforts, I think Hamlet could have had a chance at survival.

Advantages and Disadvantages of Written and Unwritten Constitutions

Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. A constitution is a body of fundamental principles or established precedents according to which a state or organization is governed, especially when embodying the rights of subjects. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country.As a kind of deal or contract between those in power and those who are subjected to this power, a constitution defines the rights and duties of citizens and the devices that keep those in power in check. A constitution is the supreme law of the land in any given country and no other law may conflict with it, nor may the government do anything that violates it. Constitutions exist as national and regional. Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) constitution.Countries like the United Kingdom, Israel and New Zealand possess the unwritten constitution while countries like India, United States and states of the Commonwealth Caribbean possess the written constitution. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Written constitutions are often the product of some dramatic political change such as a revolution as was the case of America and the gaining of independence by the Commonwealth Caribbean countries from Britain.The process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. States that have codified constitutions normally give the constitution supremacy over ordinary s tatute law. Unwritten constitutions are the product of an ‘evolution’ of laws and conventions over centuries. There are advantages and disadvantages to both types of constitutions.Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. The strongest level of entrenchment exist in those constitutions that state that some of the most fundamental principles are absolute, i. e. certain articles may not be amended under any circumstances. For example the German Federal Constitution which states that human dignity on the basis of human rights is protected.The fundamental rights or the right to life are outlined. The Bill of Rights are clearly outlines which deals with rights to equality, human dignity, life, privacy, freedom of speech, freedom of religion and expr ession, labour relations, education, children and legal process. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. Individual liberty is more securely protected and authorative Government is kept at bay. The Government is ‘straight jacketed’, so absolute power cannot be the norm of the government.The Constitution is supreme over ordinary statute law. If there is any conflict between a legal statute and the constitution, all or part of the statute are declared ultra vires by a court, and struck down as unconstitutional. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it.The opposite effect of this was seen with the constitution of Argentina written many years after in 1853 and was a better document, but did not prevent a succession of dictatorial Governments from ignoring it, such as the Peron’s Military Government which ignored the fundamental rights of the people. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies.The judiciary is unique in that it is not elected, but it is independent. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. The responsibility of the court is to protect constitutionally established rights and freedom.Any constituti onal violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. This was evident in Trinidad and Tobago, where many felt that the last Prime Minister, Patrick Manning abused the powers of his office, and on many occasions was taken to court for judicial review. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. Constitutional courts are powerful instruments of judicial review with the power to declare â€Å"unconstitutional† a law that is deemed incompatible with the constitution.France has a Constitutional Council which judges the constitutionality of laws before the ratification process. The power of the legislature is constrained, cutting its sovereignty down to size. A crucial function of a constitution and a classic feature of democracy is the division of power among the three pillars of Government, i. e. the legislative, the executive and the ju diciary. The legislature makes laws and monitors the executive. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice.Each arm of the state keeps watch over the powers of the other. The courts can judge the actions of the legislature and the executive but cannot pass laws. The legislature can make laws but cannot hand down judgments or take executive action. The challenge is to ensure that the executives do not wield its authority without being contained by the other branches. Division of power in this way ensures checks and balances within the system in a country. Lord Action’s assumption was, â€Å"power corrupts: absolute power corrupts absolutely†.The concentration of all power into the hands of one individual or group places them in a position to abuse that power and thus to instill fear into the common man, hence the need for the doctrine of the separation of powers in a democ racy. The written document has an educational value in that it highlights the central values and overall goals of the political system. The ceremonial preamble of the Trinidad and Tobago’s constitution makes reference to the supremacy of God, fundamental human rights and freedoms. The American constitution also draws reference to God.The constitution of the Republic of South Africa 1996 which is called the â€Å"birth certificate† of a new South Africa states the hopes and aspirations of the nation torn apart by apartheid. This preamble recognizes the injustices of the past and honours those who suffered for injustices and freedom and respect for those who work to develop the country and believe that South Africa belongs to all who live in it, united in diversity. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one.It is the view of many politicians and academics globally that a constitution should grow with the society in keeping with that particular time in the historical development of the country. This type of constitution does not allow for a great amount of organic change over time and does not easily take into account the needs of the democratic system and the people. A majority is needed in Parliament to attempt any kind of modification. The United States constitution is stuck with old provisions that people think are a bad idea, e. . the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. After time most of these old provisions are ignored or never used in a modern society, since they are not relevant to the needs of the people. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. The Government was not able to get this majority, so they are stuck within the confines of their old constitution.Within the las t couple of years the People’s National Movement under the Prime Minister Patrick Manning, of Trinidad and Tobago attempted constitutional reform, but they did not have a majority in Parliament so they went about it in a different way. The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. Throughout the country there were public meetings and consultation with the people. The people were given a forum to express their desire or disgust for the proposed constitutional document.There was also consultation with the leader of the opposition, because the support of the opposition was needed to make any kind of amendment to the proposed constitution. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. In the United States, elections are held every four years, but a President cannot serve more than two terms, so he cannot run for office after his second term is up.This is another way to keep someone out of the Presidency for too long, like in some of the African countries where it is noted that Presidents who serve for more than twenty years or so, allow the power to go to their heads, and as a consequent use the constitution and the military to stay in power for an unlimited number of years, which history has proven is unhealthy for the development of those countries, since those countries have been plagued with civil war, unrest and economic problems. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians.By virtue a politician is accountable to the people and in a democratic country like Trinidad and Tobago if one is not satisfied by a Member of Parliament he can take action, as was the case when a Muslimeen member was disgruntled because his daughter could not attend a Catholic School with her traditional Muslim garb. The gentleman went into the office of the Education Minister and demanded accountability. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. However judges are not accountable to anyone for their actions, whether they are right or dead wrong.They are insulated from outside interference. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. Once criminal elements know which judges are in debt, they can easi ly reach out financially to these judges, and of course for favors in return.In the past in Trinidad and Tobago judges took bribes in the form of money, land, houses, and luxurious estates in order to drop charges, throw out a case or find some legal technicality or loophole to dismiss a case. During the 1970’s, 1980’s and early 1990’s the well known drug dealer and killer Dole Chadee had every single one of his cases dismissed at the Princes Town Magistrate’s court, and it was the same judge who sat on those cases, because he was not accountable to anyone, not even the Prime Minister at the time.The Medellin Drug Cartel in Columbia controlled the drug trade in that country during the 1980’s and they were untouched by politicians and law enforcement during their reign. Judges had to drop charges against any member of this Cartel if they ever went to court because the Cartel Bosses threaten the judges with violence and death. Because these judges ha d the power to drop these cases and were not accountable to any political directorate, they had no choice but to throw the cases out, else they and their families would have face executions by the drug cartel.The fourth disadvantage of a written constitution is that constitutional provisions are enshrined in customs and conventions and may be more widely respected because they have been endorsed by history and not invented or drawn up by humans On major advantage of the unwritten constitution is its flexibility and responsiveness to change. It is easily adapted to change and amendments. It is flexible and adaptable to different customs, and since the British population is more diverse now than ever with immigrants from all different societies, cultures and races, this is important.The laws have been flexible to allow Muslim men to have more than one wife in British society. The laborious process of amendment does not have to be done simply because a minor change in political practic e. For example, if the minimum age to vote was to be changes from 18 to 17, in the United States, a formal amendment would take years any may even fail to happen for a number of years because of procedural reasons. Such a change in the United Kingdom could easily be done in a matter of hours.Therefore the unwritten constitution allows for a great amount of organic change over time, to easily take into account the changing times and needs of the democratic system. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. Non written traditions and customs carry greater weight in the United Kingdom as oppose to the written constitution. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity.They are the world’s oldest democracy and as a result the people are proud to respect the conventions and uphold law and order in society. The first major disadvantage of the unwritten constitution is that there is no single text that can be invoked and there is no definition of state powers and no limits except â€Å"customs†, meaning that whatever compromise is necessary between current opinion and the Government sense of virtue may come into conflict. The British constitution exists in every single piece of legislation ever passed in Parliament.These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. Since the British constitution is the product of evolution of laws and conventions over centuries which include written source and e. g. constitutional statutes enacted by Parliament (House of Communities Act 1972, Human Rights Act 1998), and also unwritten sources such as constitutional conventions, observation of precedents, royal prerogatives, customs and traditions , such as always holding a General Election on Thursdays.Altogether these constitute the British constitutional Law. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. Thus it is only these select few who are able to interpret it and what is worrying is that these people might be the ones to connive in constitutional subversion. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature.So the responsibilities that goes with being British may never fully be understood by the average citizen because those rights are scattered across a host of different places. The next disadvantage is that â€Å"delete and insert† can be done on the constitution if by chance one day a written one is implemented. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this.Another disadvantage is that limits to state powers are not clearly expressed and this is of great concern to the knowledgeable people of British society. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. Historically the United Kingdom has not had a definition of individual rights and freedoms. The 1689 Bill of Rights sets out the powers of the Parliament, but relies on the notion of residual freedom and the concept of parliamentary sovereignty.Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. The closest thing the United Kingdom has to a Bill of Rights is the Human Rights Act of 1998 which incorporates the European Convention of Human Rights 1950 into domestic law. The ability of ordinary people to challenge the actions of various institutions of Government is formally limited to the acts of public authority by section six.The new counter- terrorism measures appeared to erode civil liberties in the wake of the September 11th 2001 attack in New York, and the July 7th 2005 bombings of the subway in London. The last disadvantage is the question of British sovereignty. The entry of the United Kingdom into the European Union in 1973 was a major constitutional development, bringing Britain under the supranational jurisdiction of the European Union in a limited number of areas, which has gradually grown over the years.This illustrates the erosion of the United Kingdom unfettered sovereignty. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. After World Was Two the American troops seized covert plans from the Germans that outlined another future attempt by to unify Europe under German rul e, but this time without the use of war. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America.This information has been declassified within recent years. One has to question the diplomatic motives behind the driving force of the European Union and its acceptance of Britain into the Union, so Britain should seriously think about it sovereign erosion. Although there are differences between written and unwritten constitutions with respect to their advantages and disadvantages, one must carefully consider the usefulness of a constitution and its promotion of democracy and the rights and freedom of the people.We can see that although the United Kingdom does not have a written document, it is the oldest and one of the greatest democracies in the world. The British people are proud and law abiding. The United Kingdom has so far been a peaceful and stable country, whereas countries like China, Russia, North Korea, Vietnam and Myanmar all have written constitutions, but basic human rights are not enjoyed by a number of citizens of those countries. A perfect example of democracy that truly respects the rights, freedom and aspirations of the people is in the United States where there is a written constitution.

Criminal Profiling An Investigative Tool - 1359 Words

forces such as the FBI and the police use criminal profiling as an investigative tool aimed at helping them identify or predict characteristics of criminals who are not yet identified. Criminal profiling as an investigation tool allows investigators to compile and establish the right description of the criminal implicated. Investigators can also use geographical profiling to establish the location of the criminal. The criminal profiling procedure is used by detectives to satisfy certain needs in the investigative report. For example, to enable law enforcement officers to get a high profile of the criminal conducted on the basis of psychological and social aspects of the offender with the purpose of understanding the circumstances of the crime being committed. Next is providing the investigative bodies with a perfect psychological assessment of the criminal. Based on the information gathered from the crime scene, a profiler can acquire on the mental status of the offender that is very helpful in homicide cases since the reason for carrying out such an act is effectively identified. Criminal profiling mostly focuses on the crime scene because the organization or disorganization of the criminal is established because there are criminals who have a tendency to plan things ahead before implementing them. 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