Criminal Jurisdiction in Indian Country Essay - 1372 Words

Criminal Jurisdiction in Indian Country Tribal nations enjoy a unique legal position in the United States attributable to their sovereign status with built in powers of self-government. They also enjoy a special relationship with the federal government. In turn, this status and relationship has consequences for tribes and their members; for the states and their citizens; and the federal government. This paper will explore the significance of tribal sovereignty, the tribal-federal trust relationship, and their impact on criminal jurisdiction in Indian Country. It will also identify the division of criminal jurisdiction between the tribes, the federal government, and the states, which flows from this unique status and relationship. I will†¦show more content†¦Despite this special government-to-government relationship, deeply rooted in the history of the United States and its treatment of Indian nations, federal policies for dealing with Indian nations have not always been fait hful to this trust responsibility. Federal policy has varied radically from a policy of annihilation, to assimilation, to termination, to self-determination. Each has been influenced by the political and social climate of the era originating to the policy. So, for example, when gold fever spurred non-Indians to invade Indian Country to extract this precious metal, federal legislation removed this land from the Indian Country, resulting in broken treaty promises and removal of tribes from place to place. The trust relationship and federal supervisory authority over Indian nations rests upon Congress plenary power over Indian affairs. Congress plenary power over Indian affairs is the second factor, which contributes to the tangled pattern of criminal jurisdiction in Indian Country. Plenary means full and complete and not limited in any respect. According to U.S. Supreme Court decisions, the source of Congress vast power over Indian nations comes from several constitutional powers. The se include the Constitutional powers of making war, making treaties, and the Indian Commerce Clause, which has been relied on as the principle source of Congress plenary power over IndianShow MoreRelatedTribal Criminal Jurisdiction 1124 Words   |  4 Pagessalvation. As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885Read MoreThe Powers Of The Legislative Branch1231 Words   |  5 Pagesbusiness of different kinds between foreign countries, different states, and Indian tribes. Any kind of commerce that exists in a state is controlled by that state and is called intrastate commerce. Interstate commerce is commerce between citizens of different states. Commerce with foreign nations is trade relationships between American citizens and citizens of foreign countries. Commerce with Indian tribe occurs between the Uni tes States and American Indians. This clause was created to eliminate competitivenessRead MorePhilosophy / Vision Of Leadership1501 Words   |  7 Pagesproblems; which will take years and many votes, marches to resolve the issue at hand. However, it will be given the attention to be recognized. The Federal government recognizes 567 tribes, 229 Alaskan Native villages and through this the Bureau of Indian Affairs is the federal agency that is in charge of relations with indigenous communities. Although each Tribal Nation is recognized as a nation unto itself, sovereign, self-determining, self-governing that maintains the government to government relationshipRead MoreSupreme Court Standing On Section 497 Of Ipc. This Part1374 Words   |  6 PagesState of Bombay and Husseinbhoy Laljee The first important discussion regarding the constitutional validity of the section was held in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee In this case, Section 497 of the Indian Penal Code was challenged to be ultra vires the Article 14 and 15 of the Constitution of India. The Supreme Court held that Article 14 a general provision and should be read in accordance with the other provisions that are exception to fundamentalRead MoreNative American Cultures And Societies1367 Words   |  6 PagesNumerous historical agencies were prevalent within the societies of the indigenous people of the Americas. History was rewritten, therefore somethings have been erased, while others have been mythologized (Class notes, 10/5/2017). In Facing East from Indian Country, Daniel Richter states â€Å"It is much easier to reconstruct the abstract forces that constrained the seventeenth-century Native world than it is to recover the personal experiences of the peo ple†¦Ã¢â‚¬  (Richter, 69) He goes on to explain that the storyRead MoreHigh Court At The Head Of Judiciary Of The State1359 Words   |  6 Pagesthe head of judiciary of the State. High courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution. These courts have jurisdiction over a state, a union territory or a group of states and union territories. At present there are 24 High Courts in India. It enjoys civil as well as criminal, ordinary as well as extraordinary and general as well as special jurisdiction. Composition and Appointment of Judges Judges in a High Court are appointed by the President of India in consultationRead MoreThe Round House By Louise Erdrich1352 Words   |  6 Pagesâ€Å"America s one of the finest countries anyone ever stole† is a quote from Bobcat Goldthwait. He is an American actor, comedian, and screenwriter that refers to Christopher Columbus as the thief. Following in the European settlers footsteps, Americans had no respect for the Indians’ homes or the people themselves. Similar to Columbus and his successors, the United States government has taken Native Americans’ land. The unfairness of this injustice led to the erosion of Indians’ rights, which has ultimatelyRead MoreThe Decline Of Colonial India1699 Words   |  7 Pagesthe laws and jurisdiction of European colonialism for nearly 200 years. Starting from laws, the European jurisdiction was able to show off power through conquest and trade. A lot has happened since the arrival of the British in the global south, with the birth of the East India Company which led to the epidemic famine of 1770. Which caused an economic burst as well as rapid population decline. Due to laws and rules of the East India Company, The famine, in which only the jurisdiction benefited, resultedRead MoreJudicial Administration of British India Uptill 17905497 Words   |  22 PagesINTRODUCTION:- History comprises of the growth, evolution and development of the legal system in the country and sets forth the historical process whereby a legal system has come to be what it is over time. The legal system of a country at a given time is not the creation of one man or of one day but is the cumulative fruit of the endeavor, experience, thoughtful planning and patient labour of a large number of people through generations. With the coming of the British to India, the legal systemRead MoreAssessment of the Native American Experience from 1925-1975 Essay525 Words   |  3 Pagesthe stage for future cultural restraint on the Indians. However, they continued to fight for equality. All through this time period, the experience of the Native American culture has been a struggle for equality in their homeland. A major struggle for the Native population was that of land. This is a primary issue for several reasons. First of all, the Europeans invaded their land in the 16th century and though not officially, the Indians were essentially â€Å"kicked out† of all settled areas

Fate And Free Will Oedipus Rex - 1841 Words

Fate and free will have many meanings towards what they mean in Oedipus Rex it’s all based on fate and free will. When your whole life is planned out for you it’s usually fate something you can’t avoid or run away from. Fate is played out in Oedipus Rex although free will happens to be your choice of action which happens to be played out in the play. Oedipus pursed information to seek certain knowledge that he should ve just left alone about his identity. Fate is responsible for Oedipus’s incest and many of the other most critical and overwhelming events of the play. According to Oedipus, (1975) (â€Å"It was Apollo. He brought on these troubles the awful things I suffer. But the hand which stabbed out my eyes was mine alone â€Å"Lines 1582-1584). Oedipus clearly explained that Apollo was the one to tell him about his fate to come, but it was his own choice of action that lead him to that outcome of not being able to see. This ongoing philosophical debate of human life being governed by fate or individual free will is an ongoing topic. For one thing, defining free will is very complicated an operational definition is that free will is the ability to make one’s own choices. According to Free Will: An Historical and Philosophical Introduction (2016) â€Å" The debate between free will and its opposing doctrine, determinism, is one of the key issues in philosophy. Ilham Dilman brings together all the dimensions of the problem of free will with examples from literature, ethics andShow MoreRelatedFate And Free Will In Oedipus Rex1577 Words   |  7 Pagesrelationship between fate and free will was a common topic explored in ancient Greek plays. Oedipus Rex written by Sophocles survived through the years with such universal questions provoked by the plot. Fate and free will were driving forces woven throughout the play and considerably difficult to distinguish for both characters and the audience. Fate was considered an all powerful force by the individuals in the play. Oedipus challenged the power of fate in favor of his free will seen through hisRead MoreFate And Free Will Vs. The Book Of Genesis And Sophocles Oedipus Rex1428 Words   |  6 Pagesare three views that exist: the first is that there is only free will, the second view is that there is only fate, and the third view is that there is room and justification for both possibilities. The themes of fate and free will are very prominent in the book of Genesis and Sophocles’ Oedipus Rex. In both, the fate of the characters is decided by a higher being, but the way in which they arrive at their destinies is determined by free will and the choices they make, which leads to the demise ofRead MoreEssay about Fate vs. Free Will (Oedipus Rex)607 Words   |  3 PagesFate vs. Free Will Sophocles creates a world that makes the reader think about the complex and mysterious battle between fate and free will in his play Oedipus The King. To the characters, fate is real and that’s what they believe in. The audience sees that Oedipus is the one making the divisions and altimetry it is himself that leads to his downfall. Apollo, the Greek god of prophecy, intellectual pursuits and pelage, told Oedipus about his tragic future. When we first encounter OedipusRead MoreFate vs Free Will in Sophocles ´ Oedipus Rex and Shakespeare ´s Macbeth1487 Words   |  6 PagesFate and free will are two topics that are often questionable because they go hand in hand. Fate is a belief that a certain event is said to happen, then that persons choice and free will lead them to what has been predicted as inevitable. Knowing whether something is fate’s fault or the fault of the person who’s going to enact the said action, is one question that has never been fully answered. In Sophocles Oedipus Rex and Shakespeares Macbeth, fate is determined by their own choices and freeRead MoreOedipus The King, Fate And Destiny1201 Words   |  5 Pagesplay, â€Å"Oedipus the King†. In case you did not know, Sophocles is from Greece. In Greek mythology there are three goddesses who preside over the birth and life of humans. Each person s destiny was thought of as a thread spun, measured, and cut by the three Fates, Clotho, Lachesis, and Atropos. In the story â€Å"Oedipus the King† fate and destiny was the main theme. On Google the definition of destiny is the events that will necessarily happen to a particular person or thing in the future. Fate is definedRead MoreThe Value Of Leadership In Oedipus Rex By Sophocles1326 Words   |  6 PagesBased on evidence, Athenians valued bravery, confidence and heroic strength in their leaders. For example, the entire reason Oedipus from Oedipus Rex by Sophocles became king of Thebes is because he defeated the Sphinx that was guarding the city, saving the citizens (info from the backstory). On page 11, a senator makes the comment, â€Å"if his bosom holds a grain of fear, curses like yours he never will abide.† The reader can assume the Athenians valued bravery because the senator makes a comment againstRead MoreSimilarities Betw een Oedipus Rex And The Kite Runner1391 Words   |  6 PagesFate versus Destiny: Is divine justice righteous when fate or destiny is present? Oedipus Rex and The Kite Runner are both profound works of literature that share two immensely universal themes, those themes being fate/free will and divine justice. These two themes are quite prominent throughout both pieces of writing and serve to facilitate a very humanistic connection between the audience and the story. Although both of these stories consist of the two themes mentioned, they each express themRead MoreOedipus Rex And The Mountains Echoed1575 Words   |  7 PagesThe debate whether our lives are controlled by our own choices or fate, is an ongoing question that we could never have the answer to because we can never fully prove one side. I believe that both personal choice and fate have a great effect in our lives. Both Oedipus Rex and the novel and the mountains echoed show how both personal choice and fate have a great influence in our rises up and our falling downs in life. In the Elizabethan era it was believed that our lives were predestined. People’sRead MoreOedipus Downfall Essay example774 Words   |  4 PagesPrompt: In a well-developed essay, consider whether hubris, fate or both are the use of Oedipus’ downfall. Use evidence from the text to support your support. Hubris is defined as excessive pride or self-confidence, while fate is defined as the supposed force, principle, or power that predetermines events. Ancient Greeks believed in Hubris, or pride. Pride may have been seen as good or bad. Many people that exhibit pride may come off as being proud of their achievements or lives; however, prideRead MoreOedipus Rex And The Kite Runner1367 Words   |  6 PagesOedipus Rex and The Kite Runner are both profound works of literature that share two immensely universal themes, those themes being fate and freewill and divine justice. These two themes are quite prominent throughout both pieces of writing and serve to facilitate a very human connection between the audience and the story. Although both of these stories consist of the two themes mentioned, they each express them in a unique fashion. Oedipus Rex focuses more so on the concept of fate whereas The

Project Failure vs. Project Management Failure

Quetion: Write essay comparing and contrasting three complex projects/programmes in terms of project failure and project success? Answer: Introduction In recent times, managing projects is considered difficult due to dynamic business environment. To move forward with project management, it is crucial to define project. By definition, project is referred to as a task or set of tasks possessing objectives and end products. All the tasks in a project are inter-related. Hence, if any task fails, it may lead to failure of complete project. In order to manage projects, various methodologies and techniques are adopted by project managers (Chatfield, 2010). The process is referred to as project management. Project success and Project failure are commonly used concepts in Project management. A project usually goes through different stages and these stages decide whether the project will be failure or success. The project lifecycle consists of three stages: Initiation, Execution and Closing, as discussed in the table below. Project Phase Deliverables Initiation Phase Project Definition signed-off Execution Phase Multiple deliverables based on Work Breakdown Structure (WBS) Closing Phase Post-Project Review (= plan for benefits) Table 1: Project Lifecycle Source: Chatfield, 2010 For a project manager, juggling between different roles and also keeping eye on right ball is the key to deliver successful projects. Experts believe that determining potential reasons for failure of a project is crucial but without any definition of success, there can be no differentiation between success and failure. Defining success might seem easy but the views expressed by different people vary about success. By definition, success refers to achieving all the project objectives. By far, this is the most accepted definition of success (Paul, 2005). But there can be different definitions depending upon point-of-views. This essay examines the statement, suppose a project is delivered within its constraints, but is then not used as it was intended or does not deliver the expected benefits. Is that actually a successful project? In order to examine this statement, the essay compares and contrast three complex projects/programmes in terms of project failure and project success. The th ree cases that will be examined in this essay are FiReControl, 2011; Heathrow Terminal 5 Programme, 2008 and Libra Project (Courts), 2003. Normally, there are numerous constraints that impact the success or failure of a project. By definition, constraints are referred as limitations or problems that are leveraged to a project such as time, budget and resources. A project which gets completed under the impact of these constraints is only considered successful (Cattani, 2011). Constraints are also sometime act as project drivers that make project managers to handle a project in limited time, cost and resources. 1. Time: It is the timeframe allocated to complete the project and produce desired results. For instance, the time frame of the project can be 1 month or 1 year depending upon the urgency of the project.2. Cost: It is the budget allocated to complete the project. For instance, client sets a fixed cost for every project and managers are required to complete the project in that allocated budget.3. Resources: These are type, amount and availability of the work to be done. Resources can be limited or surplus depending upon the region where the project is going to take place and client who is allocating the project. Many times, a project is performed under above said constraints but doesnt produce desired results. Such projects are typically not successful. By definition, successful projects are often referred to as those projects that are able to accomplish project objectives under constraints. For a project to be successful, there are numerous factors required. These include Smart people, smart planning, Open communication, Careful Risk management and String project closure. Smart people are required to manage the project efficiently under any given constraints. Smart planning enables personnel to handle the project effectively. In order plan smartly, all stakeholders are required to be on board so that they know their role during the entire project (Lewis, 2006). Open communication enables that every stakeholder is informed about every decision and also can share his thoughts to make project completion more efficient. Risk management is crucial as there can be numerous situations when project s can go off-track. A strong project closure is crucial otherwise the project will continue consuming resources. As per above discussion, below are three cases: FiReControl, 2011 FiReControl was a government IT project which failed in spite of numerous efforts, using numerous resources without meeting any of its objectives. FiReControl was an ambitious project put forward by government in order to enhance national resilience, efficiency and technology. It aimed at doing so by replacing the functions of 46 local fire and rescue services in UK by nine control rooms powered by a national computer system. The project was rolled out in December 2004 but had to terminate in 2010 December due to series of failures (Phillips, 2003). Although initiated to accomplish wider objectives, the project was started too quickly. Government in England wanted a system at a place to help them deal with rising terror attacks, disasters and accidents. However, there were basic approval checks and balances. The results of the project were very unpractical. The project was a failure due to numerous reasons. Foremost, the department aimed at imposing a single and centralised approach on Fire and Rescue Services without engaging with independent locally accountable services. Also, the project didnt have the power to make these local bodies adopt latest regional structures. Secondly, the project was swiftly started i.e. the rapid pace of project led to the inefficiency and incomplete work. Hence, the project came out be highly over ambitious followed by highly unrealistic results. Thirdly, there was lack of proper project management (PMI, 2010). The department didnt have any relevant operational experience in the field so they had to depend on external consultants in order to manage the project. It led to poor project management. This was one of the reasons which made the project very expensive. It was estimated that about 76% of the total cost of the project was spent in hiring third party consultants. In spite of hiring professionals, department didnt use any monitoring and evaluating technique to analyse the performance of the project. In order to address these concerns, department should have won the confidence of local fire and rescue services. In future, department must take their approval who are expected to use this technology. Secondly, the department must follow business case approval. It ensures that proper challenge is applied to approval process. Thirdly, the department must clearly identify role and responsibilities so that any under-performing area can be assessed right away. Fourthly, department must ensure that resources are not wasted and they dont hire third party consultants in future. Instead it can be replaced by training the personnel in department with the technologies to be used in the project. This case highlights that factors such as poor project management, lack of operational experience, inappropriate resource allocation can be few reasons leading to failure of project (PMI, 2010). Heathrow Terminal 5 Programme, 2008 Heathrow Terminal 5 Programme was one the largest construction project which involved 60 contractors, 16 projects and 147 sub-projects. The Heathrow Terminal 5 Programme aimed at providing crucial new capacity to tenant airlines and also enhance overall revenue by significant amount. However, unnecessary delays impacted the opening of the project. It affected the overall quality on diverse areas such as market reduction in testing and staff orientation within premises. Besides delays, some other factors that led to the failure of project included loss of cost recovery options, angry tenants, failed contracts, negative political implications and public relation nightmare (Lock, 2007). Failure factors also included loss of confidence, technical failures, business interruption and negative publicity. In order to address these concerns, the project of Heathrow Terminal 5 Programme should be planned appropriately in future so that there are no delays in future. Secondly, all the technical things should be monitored and cross checked before final testing in future. This case provides with a lesson that unnecessary delays can usually result in failure of project. Hence, there should be a proper system put in place to monitor any delays. Libra Project (Courts), 2003. Libra Project (Courts), 2003 is a project based in UK which aims at designing a national system for 385 magistrates. This project aimed at improving the IT magistrate system in UK and enables them to share information electronically. But it was later declared that Libra Project (Courts), 2003 was one of the worst IT project in UK. The factors that led to failure of Libra Project (Courts), 2003 included lack of interest of bidders, lack of cost effectiveness model and outdated contingency plans. For future considerations, department must make share all bidders involve in the project who show interest and finally, take the assignment. Secondly, department must invest in developing cost effective model to assess the reasonableness of bid. Thirdly, departments should have latest contingency plan to take necessary steps when project goes out of track. To conclude, there can be numerous factors that lead to project success or project failure. All three projects listed here failed due to numerous reasons. References Chatfield, C. (2010). A short course in project management. Microsoft. Paul C. (2005). The right projects done right! John Wiley and Sons, 2005. Cattani, G. (2011) Project-Based Organizing and Strategic Management, Advances in Strategic Management, Vol 28, Emerald. Lewis R. (2006) Project Management. McGraw-Hill Professional, 2006. p.110. Phillips, J. (2003). PMP Project Management Professional Study Guide. McGraw-Hill Professional, 2003. p.354. PMI (2010). A Guide to the Project Management Body of Knowledge p.27-35 Lock, D. (2007) Project Management (9th ed.) Gower Publishing, Ltd., 2007.