Answer:
the principal of less eligibility stipulates that if imprisonment is to act as a deterrent the treatment given a prisoner should not be superior to that provided a member of the lowest significant social class in the free society.
Explanation:
Answer:
law enforcement are members of a community that come together and enforce laws.
Explanation: hope you feel better.
Answer:
necessary to balance proper exercise of the power
Explanation:
The term "Necessary and Proper Clause" was coined by Associate Justice Louis Brandeis in 1926. It is universally adopted by the courts in United States. It is also known as the "Elastic clause".
Necessary and Proper Clause: Article I, Section 8 of the United States Constitution
"The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof".
The clause gained prominence after Supreme Court's decision in <em>Lambert v. Yellowley </em>case. The court ruled in favor of restricting medicinal use of alcohol under the 18th Amendment. It was deemed necessary to balance proper exercise of the power.
It is a unique clause in American Constitution as it gives no absolute authority to any law rather it can be amended considering the seriousness of the situation. It makes the Constitution more flexible as well as a method to deal cases with immediate concerns.
This case will need to be tried at least in a federal and a transnational or international court. Moreover, this will involve both national and international jurisdictions.
In law, there are three main types of courts:
- Constitutional courts.
- Federal courts.
- Transnational courts.
Each of these applies the jurisdiction of the same level. For example, a constitutional court will apply the constitutional laws and specific state laws.
In the case presented, two of these courts are required:
- Federal court: This is necessary because the crime was perpetrated in the U.S. territory, and therefore criminals are judged under U.S. Federal law.
- Transnational court: Considering the pirates might not be American, and therefore there are at least 2 countries involved, it is necessary to consider the case under international maritime laws.
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