Running head: Vacation 2020
2020 Vacation with Joe
2020 Vacation with Joe
Joe and I are planning a vacation for next year in 2020. Now Joe is my best friend and we are very close, but Joe can be a kind of a wild card. Joe has gotten himself into trouble over the years with some stuff that I believe I major. Joe has a quick temper and reacts quickly when someone offends him. Joe has been in many fights over the years and has had to be taken down to the local jail to sort things out. Now Joe and I have been planning this vacation for a few years, sightseeing all of what each country has to offer. Starting with sightseeing the outback of Australia. Then flying off to Italy to learn about the famous museums followed by a shopping spree. After we recover, we head off to the ancient ruins of the Persians which are located in Iran. And now since Cuba is open for travel, we want to see the streets of Old Havana. And then after all of that we head to Northern Cheyenne for the 4th of July Pow Pow and Rodeo. I know that it sounds exhausting but it’s really a trip of a lifetime. Before we leave for the trip, I want Joe to understand that he cannot get in to bar fights or other physical altercations. The laws in those places are different then the United States. The punishment that Joe could receive could lead to hard labor and hard time. I am putting this itinerary together with locations and what type of family of law are followed by the nation so that Joe will know what the punishment could be.
Since our first stop is Australia I will start with this nation. Australia runs a common law legal system. This legal system originated in England almost one thousand years ago (Barkan, 2009). Common law is part of English law that is derived from custom and judicial precedent rather than statutes. often contrasted with statutory law. It is an offence for a person to fight with another person in a public place in Australia. It is against the law of the Summary Offences Act of 1953 section 7 (Caldicott, 2019). If violence is used during the fight you can also be charged with Affray, even if it’s only a threat. The maximum penalty for fighting in public is a fine of $1,250 or imprisonment for 3 months (Caldicott, 2019). Fighting in Australia is a summary offence and will have to be heard in the Magistrates Court of South Australia (Caldicott, 2019). Australia has the same type of family laws that the United States has. The process is fair and ethical and is supported by the community in which they serve. These processes usually have a fair and balanced outcome to the crime in which you are charged. Australia is a democracy and the law are created by the legislators that are elected by the people.
Our next stop on our vacation is Italy. Italy is a beautiful place and their law is based on civil law. Civil law nations rely on written, detailed codes or collections of law that have their own origins (Barkan, 2009). In an assault case a person is placed in prison for 3 months up to 3 years depending on the severity of the crime (Living and Working in Italy, 2016). Italy also uses fines along with the imprisonment and also differ depending on the crime. Their legal system with an assault charge would come before a Tribunale Court, this court has a three-judge panel deciding cases (Wikiversity, 2010). If convicted, you could appeal to the Court of Appeals which is also a three-judge panel (Wikiversity, 2010). Italy law is right and just. They lead by a principle that all citizens are equal, and they create their laws to follow that principle. The laws that are created are supported by the people because the people elect those in charge to create the laws.
Iran is the following stop on your vacation of a lifetime. Iran law is considered a theocratic law format. Theocratic law is a government run law according to religious rules and principles and are ruled by religious leaders and their laws reflects that certain religious dimension (Barkan, 2009). If Joe is caught fighting in Iran, he could receive that harshest punishment yet. If Joe starts the fight, he could be punished under the Qanon-Qisas law or the retribution law. Qisas law calls for an eye or an eye approach, unless the family forgives and/or accepts compensation for the injury (Refworld, 1991). Then again you could also be charged under Tazir (deterrent crimes). This would mean that the guilt or innocent is decided by a judge. The punishment is much harsher than Qisas law. A judge in the Tazir could sentence a person up to 74 lashes for an individual crime (Refworld, 1991). I would have to say that the punishment in this case would not fit the crime. In some cases, you might not know what the punishment is until you have committed the crime. The laws are not equal when it comes to men vs women. The legal process may not be ethical when it come to an American vs a citizen of Iran, politics especially nowadays could play a huge part. Plus, there is a factor that you could face a crime without even committing one.
Now that Cuba is finally open to travel too, that is our next stop. The legal system in Cuba is a socialist law. It has been communist since Fidel Castro took power in 1959 (Amnesty International, n.d.). Being a socialist country means that Cuba enacted new laws that took property from landowners with a large amount of property and gave it to a mass of less wealthy people (Amnesty International, n.d.). Cuba’s laws are hasher on foreigners then the people who live there. Cuba has a legal system full of independence of judges. The judiciary is comprised of courts at the municipal and regional levels with authority to hear cases (Amnesty International, n.d.). Assault in Cuba is considered a felony, and like the United States a felony is punishment by a year or more in prison. A fine is also implemented along with the prison sentence. Cuba’s legal system is not very fair and is strictly under political control, this undermines the right to a fair trial.
The last place that we are traveling to is Northern Cheyenne. This is located in the United States on an Indian Reservation. It is located in the state of Montana. The Northern Cheyenne family of law is called the traditional law, this relies primarily on unwritten rules and customs (Barkan, 2009). Since assault is not a federal from it would be recommended for tribal court, within 10 days from the date of arrest (Montana Law Review, 2016). However, including the FBI is mandated in assault case as well as kidnapping and murder. The tribal prosecution will make the determination if it will be tried in federal or tribal court. The judge in these cases is called a magistrate judge (Montana Law Review, 2016). If one goes to court the sixth amendment does not apply on tribal land (Montana Law Review, 2016). This means you do not have the right to have counsel present, this has not come up in the United State Supreme Court yet. If convicted on a simple assault in tribal court Joe could receive jail time and a fine. If the assault ends up going federal it could result in a long prison sentence, especially sense Joe has a record in the United State. The tribal courts and other federal agencies share information when it comes to records. This is a fair system if you know the tribal laws and how the system works, but if you are not from the reservation you may not know that you do not get a right to counsel to help guild you through the legal system. The process is ethical only if you know the law, the laws are fair and just.
In conclusion, Joe would be in some trouble in certain countries. Not really knowing the legal process of these countries will not help if he is arrested. Doing this research will let Joe know that assault and battery is illegal in all of the countries that we are traveling too. He would also know that the punishment for these crimes vary from country to country. These countries all have different family of law and thus their legal system are different to foreigners then civilians who live there, but then again in some countries the punishment are the same. Knowing these laws and the punishments that can come with it, I think it would be a good idea for Joe to attend anger management first.
Amnesty International. (n.d.). Cuba: Human Rights at a glance. Retrieved November 25, 2019, from https://www.amnesty.org/en/latest/news/2015/09/cuba-human-rights-at-a-glance/.
Barkan, S. (2009). Law and Society an Introduction. Retrieved November 25, 2019, from https://purdueuniversityglobal.vitalsource.com/#/books/9781269325561/cfi/6/2!/4/10/24@0:48.8https://purdueuniversityglobal.vitalsource.com/#/books/9781269325561/cfi/6/2!/4/10/24@0:48.8
Caldicott, C. (2019). Caldicott Lawyers. Retrieved November 25, 2019, from https://www.caldicottlawyers.com.au/criminal-offences/assault-violence/fighting-in-a-public-place.
Living and Working in Italy. (2016). Legal System Laws and Courts in Italy. Retrieved November 25, 2019, from https://www.justlanded.com/english/Italy/Articles/Visas-Permits/Legal-System.
Montana Law Review. (2016, February 1). United States v. Bryant and the Subsequent Use of Uncounseled Tribal Court Convictions in State or Federal Prosecution. Retrieved November 25, 2019, from http://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=2405&context=mlr.
Refworld. (1991, November 20). Iran: Islamic Penal Code. Retrieved November 25, 2019, from https://www.refworld.org/docid/518a19404.html.
Wikiversity. (2010). Comparative law and justice/Italy. Retrieved November 25, 2019, fromhttps://en.wikiversity.org/wiki/Comparative_law_and_justice/Italy#Courts_and_Criminal_Lawhttps://en.wikiversity.org/wiki/Comparative_law_and_justice/Italy#Courts_and_Criminal_Law
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