StudentShare solutions
Triangle menu

Law & Criminology - Case Study Example

Not dowloaded yet

Extract of sample
Law & Criminology

While the employers' range of freedom has been curtailed to some degree, they can benefit from proper documentation, following procedures which have now become quite strictly defined, and ensuring that they enforce the terms of the Employment Contracts in an evenhanded way.
In either a criminal or a civil case, an employee has certain rights which are assured by law under ACAS or under the PACE laws of 1984, and as amended and clarified by subsequent court cases. A disciplinary process allows similar rules of interview, recording and evidence as required under PACE. Few employer actions against employees result in criminal proceedings; of those that do, the due processes outlined in the following pages are relatively the same.
A potential criminal prosecution can be followed by an interview, but rules of evidence are required. As outlined in PACE (1984) 67(9), an individual representing a company or a government body can have the same rights and obligations as a police inspector. The obligations include informing the interviewee that his/her declarations can be used in a subsequent prosecution, that the interview minutes be noted in writing and shared with the interviewee, and that certain rules pertaining to recording (if present) are applicable.
In the case of an interview for disciplinary purposes, there is also a procedure outlined by the Department of Labor that requires a set series of written documentation. This process refers to the Employment Contract, and to the Employment Policies of the employer, which must be given to the employee within 60 days of the commencement of his or her employment. The elements that must be put in the Employment Contract have grown over the past twenty years, as has the unenforceability of some of the clauses which had existed in Employment Contracts written at an earlier period. Employers should be particularly chary about imposing changes (real or implied) in the work contract without the explicit, and usually written, consent of those employed. Failure to garner the employees' agreement can result in a rupture of contract and a cause for action against the employer in the future.
This paper will outline the procedures in both cases, and the differences. It will also present a way to decide which process should be pursued, i.e. whether an employee should be treated as a potential defendant in a criminal case, or whether the employer intends to keep the person in his/her employ, but would like to address certain deficiencies through a disciplinary process.
The Disciplinary Process
Employees who are not meeting the terms of their Employment Contract can be subject to disciplinary hearings. It should be noted that, by the time the formal procedure is followed, there may have been some previous conversations between the employee and his/her supervisor. The substance of these conversations should be noted by the supervisor, as these notes may become part of a subsequent disciplinary process. Although a conversation between the employ ...Show more

Summary

Employment law in the U. K. has grown more stringent over the past 20 years, in part as a response to the 1984 PACE Act, and to changes in practices related to conformance to E. U. standards. In particular, it is important to consider whether an employee review process will result in a criminal proceeding, or a disciplinary hearing.
Author : gerhardwisozk
Law & Criminology essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Law & Criminology"
with a personal 20% discount.
Grab the best paper

Related Essays

Law
One party promises to do something to the other and the other party agrees and this becomes legally binding and enforceable in the court of law. Thus, this analysis seeks to evaluate the laws and elements of proof must she prove in this case when she is unceremoniously fired from her post.
2 pages (500 words) Case Study
Case Study-Police and the Law
For this matter, issues relating to the means by which federal, state, and regional officials are legally bound and required to obtain evidence in specific ways helps to ensure that the integrity of the judicial system remains intact and not adulterated by overtly heavy handed practices which easily lend themselves to being manipulated in favor of the prosecuting power.
5 pages (1250 words) Case Study
Application of Criminological Theory
Let's call this boy, Robert. He is so unruly and hyper-active; nevertheless, the principal wants to keep him in order to improve his future. One day, Sue discovered Robert beating and bullying another student. She had to step up and report the incident to me.
7 pages (1750 words) Case Study
Criminology Theories. A glimpse into the future
The world looks pretty bleak in 2057 as gas resources are no longer available and people get around in slower and more eco-friendly methods of transport. Global warming has pushed populations away from the coasts and inland because of rising tide lines.
2 pages (500 words) Case Study
Terms 'necessity' and 'duress of circumstances'
These offences are predefined in the statutory laws, and violation of such statutory laws attracts penalty, which is, delineated in the statutes." Brandt, The Principles of the Criminal Law, p.282 Based on the first impression, a criminal justice system provides for constituents of crime and criminal law is one which is enacted for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes punishment to be imposed for such conduct.
8 pages (2000 words) Case Study
Law Sociology
The paper ends with a brief description of social crimes and their increasing popularity. 0.0 The Court Case: The case discussed refers to the Ontario Power Generation plant which is known for generating electricity to the neighboring areas. The normal procedure followed allows residents to sunbathe in the neighboring areas when the water levels are low.
7 pages (1750 words) Case Study
Law of Criminal Evidence Case Study
Remaining silent is a right5 that can be exercised by any arrested person during police interview and trial, so that police cannot fabricate evidence, because an accused is not a compellable witness, according to Keane (1996, p. 364). Interview is usually for the benefit of police, to assist their task of seeking more evidence6.
4 pages (1000 words) Case Study
Criminology Theory
Ashley Stokes Plunkett was 19 years old and the mother of a young son. On June 21, 2005 she was dumped from a car at Flat Shoals Parkway where she managed to wave down some help. Unfortunately she had died of her stab wounds later that evening. Now two weeks later Ashley's mother was talking to a journalist because she was worried that Ashley's case was not being treated with any seriousness; apparently a police detective had already told her that Ashley's was not the only homicide he was dealing with at that time.
2 pages (500 words) Case Study
Criminology Case Study
Lastly the paper shall analyze what sociological or criminological theories adequately explain these trends. Criminology is the scientific study of crime and criminals vis-'-vis society. To know more about crimes they have to be measured and recorded. Measuring crime and Criminal Behavior is one of the most important functions of criminology.
5 pages (1250 words) Case Study
Criminal Justice - Chap 8 Critical Theories - Chap 9 Conclusion: Integrated Theories, Developmental Theories and Beyond
Dominant groups in the society are believed to use crime and criminal law to control the inferior group. The dominant group, goes
3 pages (750 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation