Law of evidence - Free Essay Example

Sample details Pages: 7 Words: 1990 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Law of evidence – scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Don’t waste time! Our writers will create an original "Law of evidence" essay for you Create order Tactical considerations for both the prosecution and the defence will dictate the outcome of a number of the evidentiary and procedural issues highlighted here. The following analysis regarding the quality of Wendy’s eye witness description and subsequent video identification assumes that the police complied with all of the necessary provisions of the Police and Criminal Evidence Act[1] in the securing of the identification evidence (including any identification parade).[2] The discrepancies between Wendy’s initial description and the video identification of Mark as the perpetrator go to weight and not the admissibility of this evidence. The circumstances of the identification, involving Wendy’s participation in the frightening events in which she made her initial observation warrant an appropriate jury direction. The evidence of Timmy is corroborative of Wendy’s position concerning the unfolding of the occurrence, the number of participants, and the perpetrator‘s skin colour. This evidence also requires weight considerations due to the limitations of this witness. The eyewitness evidence is generally subject to a Turnbull[3] styled direction regarding its potential frailties. The direction must deal with the circumstances in which the identification was made and any weaknesses in the identification. The direction must identify the evidence that the trial judge determines as capable of supporting the identification; the judge should give a general warning, even in cases of recognition, of the dangers in convicting on identification evidence[4]. The extent (and potential forcefulness) of the jury warning must also be considered in light of the evidence of Sonya and Nigel as noted below. As in Keane, there is no formula or catechism for the Turnbull warning.[5] However, while a failure to observe the Turnbull guidelines here might not automatically serve to quash a conviction, such a result is very likely.[6] It must be also noted that a prima facie case of murder and aggravated burglary might be established by the prosecution as against Mark on the evidence of Wendy and Timmy alone. The evidence of Sonya regarding Mark is potentially powerful corroborative ‘consciousness of guilt’ evidence; without an explanation from Mark (he is not legally obligated to provide one), the burning of clothing coupled with the eyewitness evidence, even with its uncertainties, would be compelling. Sonja’ witness status is discussed below.[7] The scenario provides that Mark’s defence will be one of alibi. If the evidence of Wendy is presented in a poor or uncertain fashion, given that Timmy cannot positively identify the perpetrators and entirely corroborate Wendy’ evidence, Mark may decide that he shall not testify and expose himself to cross examination.[8] His alibi is very weak, given that the corroborating prostitute is not available. Conversely, there is no evi dence to suggest that the alibi is fabricated so as to be tendered as part of the prosecution case in chief.[9] Assuming that Mark testifies as to his alibi, the credibility of the tendered alibi is not fundamental to the determination of Mark’s guilt or innocence on the substantive charges. This circumstance would necessarily attract a Lucas[10] warning to the jury, that ‘†¦Even if you conclude that the alibi was false that does not itself entitle you to convict the defendant. The Crown must still make you sure of his guilt. An alibi is sometimes invented to bolster a genuine defence.’ [11]†¦the fact that the defendant has told lies†¦ does not in itself indicate guilt. The jury should be invited to consider other explanations why the defendant might have lied, including any he proffers himself during the trial.’[12] Nigel is jointly charged with Mark and therefore his ability to testify against Mark is rooted in distinct and alternati ve procedural considerations. As a co-defendant, Nigel is not a compellable witness against Mark. Nigel has an unfettered right to testify in his own defence. Nigel would be exposed to cross – examination from both the prosecution and Mark at large regarding his involvement in the entire transaction. The ability of the prosecution to prosecute Mark in a separate proceeding, with Nigel called as a prosecution witness involves tactical issues that extend beyond the scope of the present scenario, including possible plea bargains and a consideration of the accomplice rules.[13] The purported defence of duress, like alibi, is difficult but not impossible to maintain without corroboration. It would attract what some academic commentators refer to as a ‘tactical’, not legal burden of proof. There is no evidentiary prohibition against its tender without corroboration; the practical considerations of standard of proof are referenced below.[14] There is insufficie nt information contained in the scenario to determine the likelihood of a duress defence being successfully advanced by Nigel, save for the difference in the ages of each defendant. Nigel’s evidence carries a potential three pronged effect – it potentially rebuts the defence of alibi tendered by Mark; subject to its factual basis, it may confirm Mark’s role as the sole actor in the crime; it may be a complete defence to both murder and aggravated burglary, or alternatively (subject to the particulars) it may establish a reduced level of participation and corresponding culpability on Nigel’s part. All of these issues are for the jury, once properly instructed.[15] The nature of the trial would involve consideration of the Special Measures provisions of the Criminal Procedure Rules.[16] Timmy would be subject to the implementation of such procedures as of right given his age of 12 years.[17] Specific rule The availability of a designated special me asure for Sonja is dependant upon the related stress, the reluctance to testify and fear attributed to Mark. The scenario as stated does not provide a factual basis as to why Sonja fears Mark or what unusual stresses are caused by the proceeding (all witnesses likely sustain a measure of stress by participating in a criminal trial; few witnesses are provided with the special measures provisions). The prosecution must apply for the special measures or the court may direct same of its own motion. [18] The court has a clear power to vary a special measure once same has been directed. The allowance of the special measure is a flexible remedy, one that must be balanced against the traditional rule of law that a defendant be permitted to face his accuser; the personal comfort or convenience of a witness is not a basis for the order. This aspect of the process has been explained as ‘We wish to emphasise that judges may keep a Special Measures Direction under review. A Special M easures Direction is intended to give confidence to the witnesses and part of that confidence derives from the assurance that the matter will be handled as the direction has stipulated. However, that must not prevent a judge, who feels that a variation to the direction will help the trial proceed properly, from making such a variation[19]†¦Ã¢â‚¬â„¢ It is clear that given the serious nature of the present offences, coupled with the overriding imperatives to ensure that the defence is permitted the opportunity to make full answer and defence, the special measures must be supported by facts beyond mere ‘stress’, when objectively considered.[20] The court must be satisfied that the quality of the evidence tendered would be diminished if no measures were taken.[21] There is no case law on this point, but it is rationale to conclude that a reasonable juror will invariably wonder ‘why’ an adult witness is testifying via video link or other special measu res means. If Nigel testifies in his own defence, he shall not be permitted the benefit of any special measures.[22] The burden of proof with respect to the offences alleged in the scenario remains with the prosecution throughout the proceeding; it does not legally shift to the defence based upon the defences tendered. If Mark testifies to an alibi, should the alibi raise a reasonable doubt as to his guilt, without having been proven to any standard, Mark must be acquitted. Similarly, if Nigel testifies that he acted under duress, the defence need not be proven to be effective in his defence; it must raise a reasonable doubt. Although the facts presented are silent on the point, should Nigel allege that his duress was in the nature of resulting in a diminished responsibility for the crimes alleged, so as to reduce his level of culpability; such defences carry an implicit requirement for medical or expert evidence to corroborate the defence contention.[23] Based on the in formation provided, all of the prospective witnesses named are competent to testify at trial. All of the witnesses are adults, save for Timmy. There is nothing on the facts to suggest that Timmy would be unable to understand the nature of the proceedings or otherwise not understand the questions he might be asked[24]. The compellability of the witnesses is subject to other considerations. Sonja’s compellability will turn on how permanent or irreconcilable her marital difference may be with Mark regarding her ‘recent’ estrangement. The statute may also provide an avenue to compel Sonja to testify if the court were persuaded that the offences naturally resulted in Timmy as a child victim of the aggravated burglary.[25]As noted above, Nigel is not a compellable witness so long as he remains a co-defendant. The distinction between the burden of proof and the standard of proof is plain in the scenario. The prosecution bears the burden of proving both charges to a beyond a reasonable doubt standard. As noted above[26], the scenario raises a clear common sense consideration – if the prosecution case was tendered at its highest, the facts would demand an explanation from the defence or a finding of guilt would be inevitable. Bibliography Crown Prosecution Service / Visual Identification of Suspects https://www.cps.gov.uk/legal/section13/chapter_a.html (accessed January 4, 2007) Hannibal, Martin and Lisa Mountford LPC Handbook on Criminal Litigation 2006-07 2006 Edition (Oxford: Oxford University Press, 2006) Law Commission, Partial Defences to Murder, 2004 Pattenden, Rosemary Judicial Discretion and Criminal Litigation (Clarendon Press: Oxford, 1990) Roberts, Paul and Adrian Zuckerman Criminal Evidence First Edition (Oxford: Oxford University Press, 2004) Table of Cases Forbes, R v [2001] 1 AC 473 Hoskyn, R v[1979] AC 474 J v B [2002] EWCA Civ 1661 Kean, R v (1977) 65 Cr App R 247, 248 Nolan, R v [2002] EWCA Crim 464 (15th February, 2002) Peacock, R v [1997] EWCA Crim 2780 (3rd November, 1997) Sirrs and Povey, R v [2006] EWCA Crim 3185 (15 December 2006) Turnbull, R v (1976) 63 Cr. App. R. 132 Wong Ka Shum, R v [1996] 1 HKC 174) Table of Statutes Criminal Procedure Rules, Part 29 (Department of Constitutional Affairs), https://www.dca.gov.uk/criminal/procrules_fin/contents/rules/part_29.htm (accessed January 5, 2007) Youth Justice and Criminal Evidence Act. 1999 Police and Criminal Evidence Act 1984 1 Footnotes [1] Police and Criminal Evidence Act, 1984 as amended [2] Nolan, R v [2002] EWCA Crim 464 [3] R. v Turnbull, [1976] 63 Cr. App. R. 132 [4] Pattenden, Rosemary Judicial Discretion and Criminal Litigation, 347 [5] Keane (1977) 65 Cr App R 247, 248 [6] Pattenden, ibid; a judge sitting alone is bound by the same requirements R v. Wong Ka Shum [1996] 1 HKC 174) [7] p. 4 [8] See Criminal Procedure rules re exchange of alibi particulars [9] ibid [10] R v. Harron, as discussed at 1996 Crim.L.R. 581 is one exam [11] Ibid; see also Peacock, R v [1997] EWCA Crim 2780 [12] ibid [13] Nigel is a prime ‘plea bargain’ example; youth, stated lower level of involvement, alleged duress, etc. [14] The use of terms such as ‘tactical’ burdens are an appreciation that in some cases, while the party is not legally obligated to testify, their testimony is necessary form a practical perspective if they seek to avoid an adverse conclusion. [ 15] Hannibal, 2006 [16] Criminal Procedure Rules, Part 29 [17] Ibid. s 16 [18] Ibid s 17-20 [19] Sirrs and Povey, R v [2006] EWCA Crim 3185 [20] Part 29 [21] Youth Justice and Criminal Evidence Act. 1999, s.17 [22] Part 29, ibid [23] Law Commission, Partial Defences to Murder, 2004 useful general rules re duress defence [24] Youth Justice and Criminal Evidence Act. 1999, s.53 [25] Section 80, Police and Criminal Evidence Act 1984 (children under 16 years) [26] See n 14

Persuasive Essay Outline Minimum Wage - 964 Words

Persuasive Essay Outline :Minimum Wage 1 Intro - I want you to think about your very first job .Were you a Bellhop ,cashier ,bartender ,cooks(fast food ),lifeguard, .Now how about your second job were you a airport worker or child care worker.About how much were you making at those two very different jobs you might have moved up in the physical .I get it you re not behind a stove anymore but ,if you re still making $7.25 what was the point of moving . You are not alone this isn t even half the list of†¦show more content†¦That adds up to $13,926.38 per year, or just over $1,150 per month. The commonly cited minimum wage annual salary for a 40-hour-a-week worker is $15,080 — before taxes. Opposing view - Increasing the minimum wage would force businesses to lay off employees and raise unemployment levels. The Congressional Budget Office projected that a minimum wage increase from $7.25 to $10.10 would result in a loss of 500,000 jobs. In a survey of 1,213 businesses and human resources professionals, 38% of employers who currently pay minimum wage said they would lay off some employees if the minimum wage was raised to $10.10. 54% said they would decrease hiring levels. The 21 European Union (EU) countries that have a minimum wage and found they had an average unemployment rate of 11.8%, about a third higher than the 7.9% average unemployment rate in the seven EU countries that have no minimum wage. Pro -Raising the minimum wage would increase economic activity and spur job growth. The Economic Policy Institute stated that a minimum wage increase from the current rate of $7.25 an hour to $10.10 would inject $22.1 billion net into the economy and create about 85,000 new jobs over a three-year phase-in period.Economists from the Federal Reserve Bank of Chicago predicted that a $1.75 rise in the federal minimum wage would increase aggregate household spending by $48 billion the following year, thus boosting GDP and leading to job growth.. RaisingShow MoreRelatedminimum wage1601 Words   |  7 Pagesfor the low-income workers and their families whenever the government increases the minimum wage. The United States Congress adopted the Fair Labor Standards Act in 1938. Congress created the minimum wage toward the end of the Depression era to ensure a minimum standard oPremium 2048 Words 9 Pages Macroeconomics: Should the Minimum Wage Increase? Should the Minimum Wage Increase? 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For-information, address St. Martins Press, 175 Fifth Avenue, New York, N.Y. 10010. www.stmartins.com Library of Congress Cataloging...in..Publication Data 65 successful Harvard Business -School application essays : with analysis by the staff of The Harbus, the Harvard Business School newspaperRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesPHILADELPHIA Temple University Press 1601 North Broad Street Philadelphia, Pennsylvania 19122 www.temple.edu/tempress Copyright  © 2010 by Temple University All rights reserved Published 2010 Library of Congress Cataloging-in-Publication Data Essays on twentieth century history / edited by Michael Peter Adas for the American Historical Association. p. cm.—(Critical perspectives on the past) Includes bibliographical references. 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Legalization of Marijuana Free Essays

string(144) " would be able to collect taxes on it, and would have a lot more money to pay for effective drug education programs and other important causes\." Legalization Of Marijuana By: Sam Montgomery Research Paper Emily Rodgers Legalization of Marijuana Why shouldn’t marijuana legalized? Are there actually good reasons for making it legal? Critics say marijuana is a gateway drug, but honestly, everything could be considered a gateway drug. People get high off of all kinds of things, and as soon as the high is over, they look for additional things that might give them the same effect. This includes common household products such as cough medicine, bleach, air dusters, and even permanent markers (Borba, 2012). We will write a custom essay sample on Legalization of Marijuana or any similar topic only for you Order Now Alcohol is legal and caused 24,518 deaths as recent as 2009; while in comparison marijuana is illegal and no one has died from overdosing on marijuana. A lot of people drink alcohol to get that â€Å"buzz† or good feeling alcohol gives in drinking large amounts, especially when one’s life might be full of problems. They think it will help them feel better, but this is only a temporary solution to their problems. There is really nothing good about drinking alcohol and it is legal, but then on the other hand, marijuana does have some good aspects and is illegal! This really doesn’t make much sense at all. Drinking alcohol is a choice made by us, and that is what marijuana should be. Similar to alcohol, the government needs to leave the responsibility for using marijuana to us. In this essay one will see that legalizing marijuana will optimize our liberty by limiting corruption, eliminate the cost to keep it illegal with the added bonus of monetary gains of making it legal, and will take out the failure to keep it illegal along with helping our country and government out for the better. The first and most basic reason that marijuana should be legal is that there is no good reason for it not to be legal. Some people ask â€Å"Why should marijuana be legalized? † when the question should be â€Å"Why should marijuana be illegal? † From a philosophical point of view, individuals deserve the right to make choices for themselves. The government only has a right to limit those choices if the individual’s actions endanger someone else. This does not apply to marijuana, since the individual who chooses to use marijuana does so according to his or her own free will. The government also may have a right to limit individual actions if the actions pose a significant threat to the individual, but this argument does not logically apply to marijuana because marijuana is far less dangerous than some drugs which are legal, such as alcohol and tobacco (Keeler, 2009). Legalizing marijuana would make free all those people in jail for possessing or smoking marijuana. Prison overcrowding is a serious, expensive, and persistent problem in our country. It makes the prison environment, violent and faceless to begin with, even more dangerous and dehumanizing. Governments at all levels keep building more prisons, but the number of prisoners keeps outpacing the capacity to hold them. Those in prison for marijuana law violations are the largest single category (â€Å"Earth protector,†). Marijuana-related police corruption takes one of two major forms. Police officers either offer marijuana dealers protection in their districts for a share of the profits (or demand a share under threat of exposure) or they seize the dealer’s merchandise for sell for themselves. There are known cases where police officers were indicted on charges of falsifying records of money and marijuana confiscated from dealers. Legalizing marijuana would eliminate this inducement to corruption, and help to clean up the police’s image. Eliminating marijuana law violation and corruption cases would further reduce the strain on the courts, freeing judges, and investigators to handle other cases more thoroughly and expeditiously (â€Å"Earth protector,†). Legalizing marijuana would immediately relieve the pressure on the prison system, and optimize the people’s liberty by cutting out the corruption. Now, if you are diagnosed with cancer or something that causes so much pain it’s intolerable, would you want to be taking all kinds of pills that could hurt your body even further in the long run or smoke marijuana with really mild side effects? Researchers from Tel Aviv University say that smoking a little marijuana could help provide dramatic relief for the elderly who suffer from a variety of chronic ailments. The scientists tested the effects of marijuana treatment on 19 residents of the Hadarim nursing home in Israel. During the study, the participants reported dramatic physical results, including healthy weight gain and the reduction of pain and tremors. According to the study authors, the elderly participants also experienced an immediate improvement in their moods and communication skills after smoking cannabis. Zach Klein, a graduate of Tel Aviv University’s Department of Film and Television Studies, said that the use of prescription medications was also significantly reduced as a result of using medical marijuana (Rannals). The answer to the question is evident here, and that is why marijuana should have been legal for decades now. The second important reason that marijuana should be legal is that it would save our government more money than it would to keep it illegal. In the United States, all levels of government (federal, state, and local authorities) participate in the â€Å"War on Drugs. † The cost to interdict the marijuana traffic and the cost of incarcerating users and traffickers runs into billions of dollars. The crisis in inmate housing would disappear, saving taxpayers the expense of building more prisons in the future (â€Å"Earth protector,†). These people get locked up in prison, and the taxpayers have to foot the bill. We have to pay for food, housing, health care, attorney fees, court costs, and other expenses to lock these people up. This is extremely expensive! The savings would be redirected toward better police protection and speedier judicial service, or it could be converted into savings for taxpayers. For a change, it’s a happy problem to ponder, but it takes legalization to make it possible. In addition, if marijuana were made legal, the government would be able to collect taxes on it, and would have a lot more money to pay for effective drug education programs and other important causes. You read "Legalization of Marijuana" in category "Papers" Two states, Colorado and Washington, became the first to legalize marijuana, sparking celebrations, distinct, but not mutually exclusive from those rooting for Barack Obama. The states could see a major economic boost because of the legalization. The new measure is expected to bring the two states more than $550 million combined, with more than 300 economists previously estimating that legalizing pot could save the U. S. up to $14 billion a year (Bradford, 2012). The market for marijuana is already large and will almost certainly grow substantially. Large profits await savvy and successful growers, sellers, and entrepreneurs in associated enterprises such as fertilizer and grow-light vendors; pipe, bong, and vaporizer manufacturers and dealers; banks and other financial-service providers; not to mention munchie selling convenience stores and all-night diners (Worthington, 2012). In addition, a once-thriving hemp industry could again produce high-quality cloth, paper, nutritious oil, and biodiesel fuel. Obviously, all of these businesses will need employees, providing another boost to the economy. There is nothing but gains for legalizing marijuana; so, we should hop on the train sometime soon, and it will be beneficial. The third major reason that marijuana should be legal is because prohibition does not help the country in any way, it just causes many problems. There is no good evidence that prohibition decreases drug use, and there are several theories that suggest prohibition might actually increase drug use (the â€Å"forbidden fruit† effect, and easier accessibility for youth). One unintended effect of marijuana prohibition is that marijuana is very popular in American high schools; because marijuana is available to everyone that has friends. You don’t have to be 21 to buy marijuana. Marijuana dealers usually don’t care how old you are as long as you have money. It is actually easier for many high school students to obtain marijuana than it is for them to obtain alcohol, because alcohol is legal and therefore regulated to keep it away from kids (Pope,2011). If our goal is to reduce drug consumption, then we should focus on open and honest programs to educate the youth, good regulations to keep drugs to protect underage persons, and continue to improve treatment programs for people with drug problems. The current prohibition scheme does not allow such reasonable approaches to marijuana; instead we are stuck with ‘DARE’ in which police officers are not telling the truth about drugs in schools, and policies that result in jail time rather than treatment for people with drug problems. The considerable police efforts now expended against marijuana activity; marijuana related crimes could be redirected toward protecting people from those who commit real crimes. The police could protect us more effectively by focusing resources on catching murderers, rapists, and the other perpetrators of crimes against people and property. Our country tried prohibition with alcohol, and that had failed miserably. We should be able to learn our lesson and stop repeating the same mistakes. If you are accused of a crime, it takes months to bring you to trial. Guilty or innocent, you must live with the anxiety of the impending trial until the trial finally begins. The process is even more sluggish for civil proceedings. There simply aren’t enough judges and staff to handle the skyrocketing caseload. Since it would cut crime and eliminate marijuana use as a type of crime, legalization would wipe thousands of cases off the court dockets across the country, permitting the rest of the court cases to move sooner and faster. Prosecutors would have more time to handle each case and judges would make more considered decisions. Improved efficiency at the lower levels would have a ripple effect on higher courts. Better decisions in the lower courts would yield fewer grounds for appeals, reducing the caseloads of appeals courts; and in any event, there would be fewer cases to review in the first place. Next discussion is about how traffickers are well prepared to defend their crops against intruding government forces. Legalizing marijuana would affect organized crime and subversion abroad as much as it would in the United States. A major source for guerrilla funding would disappear. So would the motive for kidnapping or assassinating officials and private individuals. Once again people could walk the streets and travel the roads without fear of marijuana-related violence. Countries would no longer be paralyzed by smugglers. The United States continued pressure on foreign governments to fight their domestic marijuana industries has clearly reinforced the image of America as an imperialist bully, indifferent to the concerns of other peoples. To marijuana farmers, the U. S. overnment is not a beacon of freedom, but a threat to their livelihoods (â€Å"Earth protector,†). Legalizing and regulating marijuana would remove some of the reasons to hate America, and deprive local politicians of the chance to exploit them. The U. S would have a new opportunity to repair its reputation in an atmosphere of mutual respect. In summary, all of these factors related to legalizing marijuana would help our government and our country in dealing with a very difficult problem for our society while providing many benefits during this time in history. In conclusion, the information provided proves how legalizing marijuana would solve many of our current problems associated with enforcing the marijuana laws. Legalizing marijuana will optimize our liberty by improving the justice system through removal of the numerous court cases involving marijuana and to allow the courts to better focus on the hard crimes, increase the efficiency of the prison system by providing much needed space for the real criminals in the overcrowded prison system, remove the difficult task of law enforcement agencies to enforce marijuana laws hile reducing the potential for corruption. Each of these changes would produce a major cost savings to the government while opening a brand new business market with taxable revenue which would create substantial monetary gains for the government and business. There would some costs involved in regulating this new business market, but the gains would clearly outweigh the costs. Legalizing marijuana would also eliminate one component of the drug market that is very difficult for the government to enforce the laws and has been an epic failure in the past. In addition, changing the United States stance on marijuana to match that of neighboring countries would most likely benefit foreign relations with those countries. Ultimately, legalizing marijuana would improve our government and our country. All of these pieces of evidence provide a strong argument for why marijuana should be legal. I don’t even smoke marijuana, and I still think our country is wrong for not having legalized marijuana by now, when you consider all of the facts. The United States needs to change its old-fashioned thinking and stop being close-minded about issues like this and start looking at solving these problems from outside the box. It is time for a real change, Obama, and one that actually will benefit all of us American citizens! Reference Page Adams, J. (2008, August 18). latimes. com. Retrieved from http://www. atimes. com/features/health/la-he-marijuanapro18-2008aug18,0,3084928. story Bradford, H. (2012, November 07). 14 ways marijuana legalization could boost the economy. Retrieved from http://www. huffingtonpost. com/2012/11/07/marijuana-economy-14-reasons_n_2089107. html Borba, M. (2012, May 31). 13 dangerous (and stupid) ways teens get high. Retrieved from http://www. micheleborba. com/blog/2012/05/31/dangerous-and-stupid-ways-teens-get-high/ Earth protector. (n. d. ). Retriev ed from How to cite Legalization of Marijuana, Papers Legalization of Marijuana Free Essays Marijuana Background and Use in U.S. Marijuana is by far the most commonly used illegal drug in the United States and in most other countries as well. We will write a custom essay sample on Legalization of Marijuana or any similar topic only for you Order Now More than seventy million Americans have tried marijuana, and more than twenty million have smoked it in the last year, but does marijuana really affect people and their thinking process, and should pot be legal in the United States. I believe that marijuana should be legal because people should live life how they want, even though it could lead to harm. Marijuana hit the United States big in the 60’s and 70’s. (Wikman) Through this time period many people thought this drug was harmless. Today we know that pot is much more dangerous than previously believed. There are many slang terms used for marijuana, some are pot, weed, cannabis, Mary Jane, hash, dope, bud, green, smoke, to name a few. (Zimmer, Morgan) Pros and Cons to the Use of Marijuana There are many pros and cons to the use of marijuana. Many people use this drug for medical use, and others use it for entertainment. In the United States, using marijuana for medical purposes is illegal. Since the 1970’s thirty-five state legislatures have passed laws supporting marijuana’s use as a medicine. (â€Å"Legalizing Marijuana-The Pros and Cons.†) People suffering from nausea and vomiting, who are unable to swallow and hold down a pill, smoking marijuana is often the only reliable way to deliver THC. Another pro to the use of marijuana is diminishing glaucoma; it also can be affective in stimulating appetite in AIDS patients. There is also evidence that smoked marijuana and THC reduce muscle spasms from spinal cord injuries and multiple sclerosis. Physicians have reported that smoked marijuana provides relief from migraine headaches, depression, seizures, insomnia, and chronic pain. (â€Å"Medical Marijuana Truth and Lies†) I think marijuana should be legal because if people sold pot in their stores, pot smokers would buy it, and it would boost the economy. I also think some drug crimes and innocent killings would go down an enormous amount. Effects of Marijuana on Health and Activity Even though I think pot should be legal, it does cause harm to your lungs. The effects of one marijuana joint on the lungs are equivalent to four tobacco cigarettes, placing the user at increased risk of bronchitis, emphysema, and bronchial asthma. A single joint contains the same amount of tar and other noxious substances as approximately fourteen to sixteen filtered cigarettes. Marijuana smokers typically inhale more deeply and retain smoke in their lungs longer than tobacco smokers. As a result, marijuana smokers get more dangerous material in the lungs each time they smoke. Smoking pot is very harmful to your health, family, and friends. Some myths of marijuana and highway safety are marijuana-like alcohol- seriously impairs driving in some respects; pot is even more impairing than alcohol. (â€Å"The Effects of Marijuana.†)   I think this is true because marijuana does affect perception and driving ability. I believe that pot makes many people drive different, and it makes you a dangerous person at the wheel, while on this drug. Conclusion There are very little problems associated with the legalization and there is no mad scramble for the drug since it is legalized.   In conclusion, marijuana has very little harmful effects, and the effects it does have are very similar to tobacco and alcohol.   It also has medicinal uses where people can have significant benefits by using marijuana for their illnesses.   By prohibiting marijuana billions of dollars are being spent and people’s lives have been ruined. Legalization of Marijuana. In the year 1937, the United States government made the drug marijuana illegal.   This ban had little effect on people until the mid 60’s and 70’s.   This was a time where many mind altering drugs where experimented with and widely used.   During this time was also when marijuana research took place.   Early researches was vague and bias, but in the years after many legitimate studies have been conducted, and both sides of the issues have been revealed.   While looking at these studies with an open mind, one can conclude that marijuana should be legalized.   Even though there are some health risks associated with marijuana, it is no different than legal drugs like alcohol and tobacco. (Wikman) Ever since marijuana has become illegal, enforcing it has been an issue.   The federal government of America spends millions of dollars each year trying to keep it off the streets and into dealer’s hands, but their tactics barely do a thing.   The amount of money the federal Drug Enforcement Agency spends each year is $1.3 billion a year.   Overall, federal anti-marijuana efforts have cost taxpayers $30 billion (Zimmer, Morgan).   All of this money can be easily saved if the federal government can just legalize marijuana and regulate it.   Also, the government would be making money off taxes, as they do with alcohol and tobacco. Moreover, this would allow for farmers to grow marijuana and sell it to the government or individual buyers.   By allowing the cultivation of marijuana, farmers who grow tobacco would be helped because tobacco farmers these days are struggling because of the high taxes put on cigarettes.   The climate for growing tobacco is the same climate needed to grow marijuana, so this would help their incomes.   (â€Å"Legalizing Marijuana-The Pros and Cons.†) I think people that get caught with marijuana should not be punished as hard as they do. Marijuana arrest in the United States has doubled last 10 years. Tens of thousands of people are now in prison for marijuana offenses. An even greater number are punished with probation, fines, and civil sanctions, including having their property seized, their driver’s licenses revoked, and their employment terminated. Under federal law, possessing a single joint (or less) of marijuana is punishable by a fine from $1,000 to $10,000 and up to a year in prison . (Wikman) For people on probation or parole for any criminal offense, a marijuana arrest can result in their immediate incarceration. For people who live in public housing, the arrest of any family member for a drug offense can cause eviction of the entire family. Under state and federal law, mere investigation for a marijuana offense can result in the forfeiture of property, including cash, cars, boats, land, and houses. Despite these civil and criminal acts, pot continues to be readily available and widely used. (Wikman) Another reason legalizing marijuana would help the economy is the fact that there would no longer be dealers.   The use of dealers makes the price of marijuana much higher than it should be.   Mainly this is only due to the fact that marijuana is currently illegal, and dealers can set high prices.   By legalizing marijuana the price would drop to a more reasonable price, and the people who use to strain their money to buy the drug will no longer have to.   Legalizing marijuana would help the economy as a whole and for the individual. In 1996 voters in both California and Arizona approved ballot measures exempting physicians and patients from criminal prosecution when marijuana is prescribed for medicinal purposes in the relief of pain or other symptoms caused by cancer, AIDS, glaucoma, arthritis, and other illnesses and chronic conditions.  Ã‚   Four other states passed similar ballot initiative that year, including Washington, Oregon, Alaska, and Nevada, and legislatures in 37 states have passed bills in support of medical marijuana.   Medicinal purposes for marijuana give people who have tried all different types of drugs for their illnesses hope for relief. (Wikman) In order for marijuana to be legal, the government would have to regulate it as they do with alcohol and tobacco.   First the government should set an age limit on the purchasing of the drug.   This age should start off at eighteen, like tobacco, and if there seems to be a problem with the age then raising the age limit should be considered.   Overall, the government should first look at countries in the world where marijuana is currently legal.   In the Netherlands, the city of Amsterdam allows the usage of marijuana.   (Zimmer, Morgan)   The usage comes with many regulations though.   For example smoking marijuana can be only smoked in coffee shops administrated all over the city.   Also people can only buy a certain amount at one time, so the distribution of it illegally can be reduced. Marijuana is still the most commonly used drug in the United States and probably will be for years to come. Marijuana is on the rise and will increase in popularity throughout the United States. I’m sure that our government will eventually legalize marijuana, but not soon. Many people argue the pros and cons of pot. I think our government should at least try to see what would happen to the economy if pot was legal, even though it is a huge risk to take. This problem is argued as much as should the alcohol age be lowered again, many teenagers argue this because if there old enough to go to fight in a war, then you should be able to drink. Many younger kids smoke pot without a care and they don’t realize the affects of the drug. America needs to start taking a larger action, and try to get the point across to the youth of America. This will always be a huge argument throughout the world. The question that everyone asks, should pot be legal in the United States. Bibliography: Zimmer, L., Morgan, J. Marijuana Myths, Marijuana Facts: A Review of the Scientific Evidence. New York: The Lindesmith Center, 1997 â€Å"Medical Marijuana Truth and Lies.† Drug Watch International. Atlanta: DWI, 1995 â€Å"Legalizing Marijuana-The Pros and Cons.† Growing Marijuana Seeds. 2002. http://www.growing-marijuana-seeds.com/legalizing-marijuana.html    How to cite Legalization of Marijuana, Essay examples Legalization of Marijuana Free Essays Marc English 101 Mallis Preliminary Arguments The legalization of marijuana has been an ongoing topic of debate in this country. Some states have recently approved marijuana for medicinal purposes. This in turn has reignited the debate on legalization. We will write a custom essay sample on Legalization of Marijuana or any similar topic only for you Order Now Both sides put forth arguments supporting their position. Following are some of the arguments for and against legalization of marijuana. Argument for Legalization of Marijuana Marijuana is not more harmful, dangerous or addictive than cigarettes or alcohol if used in moderation. In fact, marijuana has been shown to have medicinal benefits for patients suffering certain aliments (Cancer, Depression†¦ ). Yet Marijuana is illegal while cigarettes and alcohol are not. Furthermore, Marijuana users are often treated more harshly than cigarette and alcohol users. * Keeping marijuana illegal will not stop people from using it, growers from growing it, and sellers from selling it. Prohibition does not work as we saw with alcohol in the 1920s and early 1930s. Prohibition has the opposite effect in that it tends to increase interest or graving rather than curbing production or use. Prohibition also creates a black market and the associated criminal elements. * Legalization would eliminate the criminal elements, lead to Government regulation of the drug (i. e. , purity, concentration†¦ ), significantly increase government revenues through taxation, and put more money in our economy. Legalization would also result in significant savings in our Justice and Law Enforcement systems. Currently significant money and resources are spent on marijuana related arrest and processing. Both money and resources can be freed-up or redirected to more serious crimes or other beneficial programs. I believe that the arguments advanced above make for a strong position on legalizing marijuana. Furthermore, we should have the freedom to do with our bodies what we want so long as we do not hurt others as a result. How to cite Legalization of Marijuana, Essay examples