A tort is a legal term that refers to a wrongful act or an injury caused to another person or entity, other than a breach of contract.
The correct answer is injury
In the context of civil law, a tort can be defined as a civil wrong that causes harm to another person or their property, for which the injured party may seek compensation or damages. Examples of torts include personal injury, defamation, false imprisonment, and negligence.
Unlike a breach of contract, which involves a violation of a specific agreement between two parties, a tort involves a violation of a legal duty owed by one party to another. Torts are an important area of law, as they provide a means for individuals to seek redress for harms caused by the wrongful actions of others.
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what is in re winship?
Answer:
was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged." It established this burden in all cases in all states.
Explanation:
what is the definition of referent power ?
Referent power is a type of power that is based on an individual's attractiveness, charisma, and the strength of the relationships they have with others.
This type of power comes from people wanting to identify with, be liked by, or be associated with the person who possesses it.
Referent power is derived from the referent (i.e., the person or group) that others seek to emulate, identify with, or be associated with. This can come from a variety of sources, such as a person's personality, values, skills, achievements, or social status.
Referent power can be a powerful motivator and influence on others, as people are often willing to comply with requests or follow the lead of someone they admire or respect.
It can also be a positive force in leadership and team dynamics, as people are more likely to follow a leader who has their trust and respect.
However, referent power can also be used in negative ways, such as when a charismatic leader manipulates or exploits their followers.
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This criminal justice model describes the expectation of an efficient criminal justice system.
a. war-on-crime model
b. crime control model
c. justice model
d. due process model
The criminal justice model that describes the expectation of an efficient criminal justice system is b. crime control model
The crime-control approach emphasises standardized, expeditious processing of defendants through the judicial system and consistent punishment of offenders commensurate with the nature of their offences. It is founded on the ideas of certainty, swiftness, and efficiency in the criminal justice system and highlights the necessity of safeguarding society against criminal behavior.
In this paradigm, the expeditious resolution of criminal cases is given precedence over individual rights and due process considerations. Instead of seeing the criminal justice system as a way to protect citizens' rights, it sees it as a tool for upholding order and lowering crime. The due process model, which prioritises the defence of individual rights and due process issues over the effectiveness of the criminal justice system, is the other central paradigm.
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How to identify examples of leveling mechanisms in the united states?
Taxpayer funds being used for political purposes is NOT a leveling mechanism.
Public education funding through tax dollars IS a leveling tool. The reduction or abolition of inequality is leveling.
A technique or mechanism meant to lessen or end social inequality is known as a leveling mechanism.
It is true to say that using public funds for political purposes is NOT a leveling mechanism, but using public funds to fix roads and bridges is an example of one. Press Space to reveal the use of public funds to support the military Press Space to reveal the exploitation of tax dollars for political purposes Press Space to reveal the usage of tax dollars to support public education.
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fill in the blank. when the alaskan legislature passed a law in the 1970s that gave state residents preference over nonresidents in obtaining work on oil pipelines, this law violated the___clause.
When the Alaska legislature passed a law in the 1970s that gave state residents preference over nonresidents in obtaining work on oil pipelines, this law violated the Commerce Clause of the U.S. Constitution.
When the Alaskan government established a statute in the 1970s giving state residents preference over nonresidents in gaining work on oil pipelines, it violated the U.S. Constitution's Commerce Clause. The Commerce Clause empowers Congress to regulate interstate commerce and prohibit states from discriminating against or impeding interstate commerce. The Alaskan statute interfered with the free movement of business across state lines by giving preferential consideration to state citizens and discriminated against nonresidents seeking to work on the pipelines. As a result, in the case of Hicklin v. Orbeck, the United States Supreme Court ruled that the law was unconstitutional.
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if a term in a contract is ambiguous and unclear, when interpreting the term the court will generally construe the terms. (True or False)
It is TRUE that: the court usually interprets or construes the terms of a contract if they are ambiguous or unclear.
What is a Contract?A contract is a legally binding agreement between two or more parties. In a contract, the parties agree to exchange something of value, such as goods, services, money, or other consideration, in exchange for something else. A contract can be in writing or oral, and it can be express or implied.
When a term in a contract is ambiguous or unclear, the court will generally interpret or construe the term. The court will try to determine the parties' intent and meaning of the term by looking at the language used in the contract, the context surrounding the contract, and other relevant factors. The court may also consider industry customs and practices, as well as the parties' course of dealing and course of performance under the contract. The goal of contract interpretation is to give effect to the parties' intentions, as expressed in the contract, to the extent possible.
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What is the function of the People Law Enforcement Board?
The People Law Enforcement Board is responsible for protecting the public from crime by enforcing laws, maintaining public safety, and responding to emergencies. The Board also provides training, guidance, and oversight for law enforcement personnel to ensure they act within the confines of the law. The Board also has the authority to review complaints and investigations and make decisions on disciplinary action when necessary.
It is a government agency that is responsible for overseeing the conduct of law enforcement officers and ensuring that they adhere to the laws and regulations that govern their profession. The board's primary functions include:
Investigating complaints against law enforcement officersConducting hearings and making determinations regarding disciplinary action against law enforcement officersIssuing licenses and certifications for law enforcement officersProviding training and education for law enforcement officersMonitoring and enforcing compliance with laws and regulations related to law enforcementIn short, the People Law Enforcement Board plays a crucial role in ensuring that law enforcement officers act in accordance with the law and are held accountable for their actions.
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Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation?
a) Rules of statutory interpretation
b) Minutes of committee hearings
c) The entire legislative history of the act
d) All of the above may be used by the courts.
Courts may use various tools to interpret the meaning and purpose of a piece of federal legislation, including rules of statutory interpretation, minutes of committee hearings, and the entire legislative history of the act.
Hence, the correct option is D i.e. "All of the above may be used by the courts."
In some cases, courts may also consider other sources of information, such as prior judicial decisions or the context in which the law was enacted. Ultimately, the goal of statutory interpretation is to determine the intent of the legislature and to give effect to that intent in a manner that is consistent with the principles of statutory construction and the Constitution.
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what does homicide mean
In the very simplest of the terms, homicide can be explained as an event wherein the killings of people one after the other takes place, which is also not legally accepted under the law.
A homicide can be referred to or taken into consideration as the act of criminal intention wherein a person or a group commits to kill or murder more than one people one after the other. A homicide is a non-bailable act of criminal liability, and the mens rea does not apply to an act of homicide being committed thereto.
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What's the idea of comparative advantage implies that people or countries?
The idea of comparative advantage implies the person or country with the lower opportunity cost of making a good or service should specialize in that good.
The ability of an economy to produce a specific good or service at a lower opportunity cost than its trading counterparts is known as comparative advantage.
Comparative advantage is a theory that explains why businesses, nations, or people might gain from trade.
Comparative advantage, as it relates to international trade, refers to the goods that a nation can produce more easily or at a lower cost than other nations.
Even though this typically shows the advantages of trade, some modern economists now recognize that relying solely on comparative advantages can lead to resource exploitation and depletion in a nation.
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what is the role of the necessary and proper clause?
The role of the necessary and proper clause to allow congress the ability to make laws or to act where the constitution doesn't give it authority to act.
The necessary and Proper Clause concludes article I, list of congress's enumerated powers with a general statement that Congress's powers include not only those expressly listed. But also the authority to use all means "necessary and proper" for execution of such powers. The Necessary and Proper Clause, also known as the Elastic Clause,[1] is a clause in 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. This Clause was included in the Constitution to address the shortcomings of the articles of confederation.
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what is nco creed army
The NCO Creed of the United States Army is a code of honor that outlines the duties, responsibilities, and expectations of an enlisted soldier. It reads as follows:
"No one is more professional than I. I am a Non-Commissioned Officer, a leader of Soldiers. As a Non-Commissioned Officer, I realize that I am a member of a time honored corps, which is known as "The Backbone of the Army." I am proud of the Corps of Non-Commissioned Officers and will at all times conduct myself so as to bring credit upon the Corps, the Military Service, and my country, regardless of the situation in which I find myself. I will not use my grade or position to attain pleasure, profit, or personal safety.
Competence is my watchword. My two basic responsibilities will always be uppermost in my mind—accomplishment of my mission and the welfare of my Soldiers. I will strive to remain technically and tactically proficient. I am aware of my role as a Non-Commissioned Officer. I will fulfill my responsibilities in that role. These responsibilities include taking care of my Soldiers and the equipment they use.
All in all, I am proud to be a Non-Commissioned Officer, a leader of Soldiers, and a member of the United States Army team."
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what types of committees do you think congress has to review different bills?
The task forces, the groups of political parties, and also the other formal groups are included in the committees that Congress reviews before passing any judgment on the different bills.
The Congress is the sole authority that is responsible for passing the proposal of bills in the constitution of the United States of America. Moreover, the Congress not only passes, but also regulates the bills before them being instituted into the legal assembly. Thus, a set of members from the Congress are given the charge of reviewing the committees that have already been mentioned above.
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Which one of the following is not involved in the two basic pleadings of a lawsuit? a. a complaint b. a default judgment
c. an answer
Out of the given choices of alternatives, it may be stated that a default judgment does not have any involvement whatsoever in the two basic pleadings of a lawsuit. Therefore, the option B holds true.
A default judgment may be taken into consideration as a judgment that is granted by the court of law in favor of the plaintiff, when the defendant is unable to revert with a response to the charges made against him or her within a stipulated time that he or she gets as per the provisions of law. It is not a forming part of a basic pleading.
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What must exist for the police to be able to arrest someone or obtain a search warrant.
Reasonable Suspicion
Prroof
Probable Cause
Answer:
Explanation:
Probable cause is a requirement found in the Fourth Amendment that must usually be met before the police make an arrest, conduct a search, or receive a warrant. Courts usually find the probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause.
what is the natural law theory in ethics
The natural law proposition in ethics asserts that there are introductory moral principles.That are essential in nature and can be discovered through natural reason.
According to this proposition these moral principles are universal and objective, and apply to all individuals anyhow of their artistic or social environment. Natural law believe that these principles can be discerned by examining the natural order of the world and the essential purpose of mortal beings.so conduct that align with these moral principles are considered good, while those that violate them are considered bad.
Natural law proposition has been influential in colorful fields, including ethics, law, and political gospel, and continues to shape moral and ethical debates in present society.
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closing journal entries are recorded ______.
Closing entries are written originally in the company's journal and subsequently posted to the ledger, exactly as journal entries and adjusting entries.
When are final entries made in journals?A closing entry is made in the journal at the end of the accounting period. It involves moving data from transient accounts on the income statement to transient accounts on the balance sheet. On the income statement, all balances are eventually transferred to retained earnings.
Why do final entries in the real journal get made?A closing entry is written in the journal to transfer money from a temporary account to a permanent account at the end of the fiscal year. All nominal accounts for losses, profits, or revenue must be closed at the end of the year.
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TRUE/FALSE. All cities, counties, and other governmental subdivisions have basic powers to adopt ordinances, such as traffic and zoning laws, within their sphere of operation.
Answer:
True.
Explanation:
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How can a strong national government affect races to the bottom?
a. Oppose higher standards than states facing competition are able to
b. organize and structures Interstate commercial bids for Corporations
c. legislatures against competition between states to ensure a strong economy
d. protects and enforces regulations against Corporation by using the threat of exit
A strong national government can affect races to the bottom by opposing higher standards than states facing competition are able to.
Hence, the correct option is A.
Race to the bottom is a socio-economic phrase to describe either government deregulation of the business environment or reduction in corporate tax rates, in order to attract or retain usually foreign economic activity in their jurisdictions.
While this phenomenon can happen between countries as a result of globalization and free trade, it also can occur within individual countries between their sub-jurisdictions (states, localities, cities). It may occur when competition increases between geographic areas over a particular sector of trade and production. The race to the bottom has been a tactic widely used among states within the United States of America. The race to the bottom in environmental policy involves both scaling back policies already in place and passing new policies that encourage less environmentally friendly behavior.
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What Acord form is for cancellation?
Acord form 35 is used for cancellation of a policy after returning the original policy to the insurer.
When the original policy has not or cannot be returned for cancellation, the Cancellation Request/Policy Release ACORD Form 35 should be used to end the policy. The insured is asked for a request letter to cancel the policy with the original policy letter, date, and reason for the cancellation.
Only people with the necessary qualifications and expertise should be involved in the cancellation process. Everyone who handles them should be instructed on what to expect. The cancellation authority of any organization must be understood by everyone who handles cancellations. It is advised that you make a photocopy of this authority by firm and distribute copies to each individual who deals with cancellations.
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The Americans with Disabilities act of 1990 prohibits employment related discrimination against people with physical and mental disabilities for employers of 15 or more people in the private sector and in state and local government.
This legislation requires employers to make reasonable accommodations for qualified workers.true or false ?
The statement legislation requires employers to make reasonable accommodations for qualified workers is true.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local Government’ programs and services. As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers. The ADA also establishes requirements for telecommunications relay services. Title IV, which is regulated by the Federal Communications Commission (FCC), also requires closed captioning of federally funded public service announcements.
While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems. Title III requires that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.
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why are the supreme court cases of brown v. board of education and mendez v. westminster important to education in the united states?
The case Mendez v. Westminster was a case that challenged racial segregation in the education systems in the United States of America. The petitioners had challenged that the children of Mexican ancestry were being forced into attending a different school based on their race.
Brown V. Board of Education was a case similar to the Mendez case, and here the Supreme Court cited Mendez v. Westminster by saying that any kind of discrimination amongst students is unconstitutional and will not come under the the legal doctrine 'separate education facilities are inherently unequal'.
These two landmark cases are important in the United States of America because they put an end to the racial segregation in the education system by calling it unconstitutional.
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Charlotte (32) is married. However, she and her two children, Francis (3) and Cassandra (5), moved back in with her parents in 2019, after she separated from her husband. She will not be filing a joint return with her husband. They are all U.S. citizens and have social security numbers that are valid for employment. Charlotte's divorce had not been finalized by the end of 2021, but her husband did not live with her during the year. The children stayed with him 150 nights and the rest of the nights with Charlotte. He did not pay any of her household expenses. Since the separation, Charlotte and her children have lived in the finished basement apartment that her parents used to rent to local college students. Charlotte pays more than half the cost of maintaining the apartment, and neither of the children provided any of their own support. Her 2021 wages and AGI were $43,250 which was $4,236 higher than her 2019 earned income. Francis and Cassandra had no income. Charlotte had no other income including foreign income. She will not be releasing any dependent exemptions for which she may qualify.What is Francis' dependency status for Charlotte?
The dependency status that Charlotte has would be: qualifying child.
What is the dependency status that we have hereFor tax purposes, Francis' dependency status for Charlotte is "qualifying child." According to the Internal Revenue Service (IRS), a qualifying child is defined as a child who meets the five tests for being a dependent: relationship, age, residency, support, and joint return.
Based on the information provided, Francis meets all five tests:
Relationship: Francis is Charlotte's biological son.
Age: Francis was under the age of 19 (or 24 if a full-time student) at the end of 2021.
Residency: Francis lived with Charlotte for more than half the year (214 nights out of 365).
Support: Charlotte provided more than half of Francis' total support for the year.
Joint return: Francis did not file a joint return with his other parent for the tax year.
Since Francis meets all five tests, he is considered a qualifying child for Charlotte and she can claim him as a dependent on her tax return. This would allow her to claim certain tax benefits, such as a tax credit for child and dependent care expenses and the child tax credit, for Francis.
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Civilian, noninstitutionalized members of the population who are at least 16 years old are considered
- the working-age population.
- the labor force.
- employed individuals.
- unemployed individuals.
Civilian, noninstitutionalized members of the population who are at least 16 years old are considered the working-age population.
The overall population in an area that is regarded able and likely to work based on the number of persons in a predetermined age range is referred to as the working-age population. The working-age population estimate provides an estimate of an economy's total number of potential workers.
The working-age population is determined by the number of people in a given age range. This figure represents the number of qualified workers available in a certain economy, country, or region.
This metric makes no distinction between people who are gainfully employed and those who are looking for work within the range. The working-age population calculation is intended to determine how many people are expected to be ready and capable of working.
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The cities with the densest population have the highest ratio of police officers to citizens. Such cities also have the lowest rates of property crime without contact between perpetrator and victim. Thus maintaining a high ratio of police officers to citizens can serve as an effective deterrent to at least certain kinds of property crime.
Which of the following, if true, most seriously weakens the argument above?
(A) The quality of training that police receive varies from city to city.
(B) High population density itself makes it difficult to commit a property crime that involves no contact between perpetrator and victim.
(C) Many nonviolent crimes in large cities are drug-related.
(D) A majority of the perpetrators of property crimes in densely populated cities are not apprehended by the police.
(E) Property crimes without contact between perpetrator and victim represent only a small proportion of overall crime.
The correct answer is B to the statement “The cities with the densest population have the highest ratio of police officers to citizens. Such cities also have the lowest rates of property crime without contact between perpetrator and victim. Thus maintaining a high ratio of police officers to citizens can serve as an effective deterrent to at least certain kinds of property crime.”
To make the conclusion valid, we must assume that there is no other explanation than the high police to citizen ratio, which results in a low property crime rate. We must disrupt the link between a high police-to-population ratio and low property crime rates.
To undercut the argument, we must demonstrate that a high police ratio does not act as a deterrence. What if there is another factor driving the low property crime rate in the absence of victim-perpetrator contact.
In option B the casual relationship between a high police to population ratio breaks and hence weakens the argument.
Hence, option (B) will be correct answer.
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is the most common complaint that clients have about attorneys. group of answer choices not being aggressive enough with opposing attorneys failure to communicate with clients all of the answer selections to this question are correct. lack of professionalism missing filing deadlines
Failure to communicate with clients is the most common complaint that clients have about attorneys.
Failure to communicate with clients is a widespread issue in the legal industry, and it can take many forms, including not returning phone calls or emails in a timely manner, not keeping clients informed about the status of their case, or not explaining legal concepts in a way that the client can understand. This can even harm the attorney-client relationship if it is not addressed.
This type of communication breakdown can occur for various reasons, such as an overburdened workload, lack of organizational skills, or a lack of understanding of the client's needs. Regardless of the cause, it is important for attorneys to make a conscious effort to communicate effectively with their clients in order to build trust and maintain a positive working relationship.
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in general, when dealing with an adhesion contract, courts will
In general, when dealing with an adhesion contract, courts will evaluate the contract and the circumstances surrounding its formation to determine whether it is enforceable.
An adhesion contract is a standardized contract that is offered on a "take it or leave it" basis, without the opportunity for negotiation or modification by the weaker party. Examples of adhesion contracts include consumer contracts, insurance policies, and software licenses.
Courts recognize that adhesion contracts can create a power imbalance between the parties and may include terms that are unfair or one-sided. As such, courts will often scrutinize these contracts closely and may be more likely to interpret ambiguous terms or provisions against the party with more bargaining power.
However, not all adhesion contracts are automatically unenforceable, and courts will still generally uphold the terms of a contract if it was entered into freely and willingly by both parties and if the terms are not unconscionable or against public policy.
If a court determines that a contract is unconscionable or otherwise unenforceable, it may refuse to enforce some or all of its terms or may interpret the contract in a way that is more favorable to the weaker party. Ultimately, the outcome will depend on the specific facts and circumstances of each case, as well as the applicable laws and legal precedents.
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TRUE/FALSE. A defendant who wants to have the trial moved to a different geographic location in the state because of likely jury prejudice would ask for a change of venire.
The statement "A defendant who wants to have the trial moved to a different geographic location in the state because of likely jury prejudice would ask for a change of venire" is true.
Defendant is a person or group against whom a criminal or civil action is brought someone who is sued or accused of committing a crime. The plaintiff files a case in against the defendant, and it is the right of defendant to move to a particular geographical location on important grounds and with fairness. The defendant can file a appeal in the court to transfer his case to another geographical location on reasonable grounds without any hampering the right of justice of the plaintiffs, such a grant in change in location is given by the jury and the justices of the court.
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What did the Federalist do during the national debate over ratification of the new constitution?
During the national debate over the ratification of the new constitution, the Federalists played a significant role in promoting and supporting its adoption.
What is ratification of the new constitution?The Federalists were a major force in pushing and supporting the passage of the new constitution throughout the national discussion surrounding its ratification. The Federalists, who included notable individuals like Alexander Hamilton, James Madison, and John Jay, thought that the existence and prosperity of the young republic depended on a powerful central government.
The Federalists published a number of essays—later referred to as the Federalist Papers—in various publications to further their cause. These writings addressed different problems and complaints voiced by the constitution's opponents, known as the Anti-Federalists, while also presenting reasons in favor of the document.
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fill in the blank. a sheriff's department that only runs a county jail and assists the court system in various ways is operating under the___model. question 3 options: law enforcement full service civil-judicial correctional-judicial
A sheriff's department that only runs a county jail and assists the court system in various ways is operating under the correctional judicial model.
In the early 1620s, the colonial method of rectification was introduced. Since the implementation of this technique, Americans have been subject to rules and practices imposed by several colonial masters, including England. The most serious penalties under these laws were corporal punishment, exile, and death.
Offenders were protected rather than punished under the reformatory correctional technique. According to the reformatory correctional technique, indeterminate sentences were preferable to time sentences, and rehabilitation was preferable to restriction.
Apart from jail and other forms of punishment, offenders needed to be protected. The progressive correctional method intended to alter the penal system on the basis of improving the social conditions and environment that breed crime.
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